IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3640 of 2008() ----------------------------- (CRIME NO.54/2008 OF THERUNELLY POLICE STATION) PETITIONER/ACCUSED ----------------------------------- SUNILKUMAR, S/O.ACHAPPAN,POOLAKUZHY HOUSE PURTHUSSERY KADAVU MANANTHAWADY, WAYANADU DIST. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT: COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3640 of 2008 ------------------------------------------- Dated this the 6th day of June, 2008 ORDER Petition for anticipatory bail. 2. Petitioner is the first accused in the case. According to the prosecution, on 15.5.2008, there was a quarrel between the petitioner and the defacto complainant. This was in respect of the petitioner's intervention in the boundary dispute between the defacto complainant and his neighbour and in the incident, petitioner assaulted the defacto complainant, using an iron rod etc. The crime was registered under Sections 341 , and 308 read with Section 34 IPC. 3. Learned counsel appearing for the petitioner submitted that false allegations are made against him. There is a counter case registered on the basis of a complaint given by the petitioner and it is registered under Section 294(b) and 324 IPC read with Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act. There was only an altercation between the petitioner and no injury is caused and no weapons are used. Petitioner has BA NO.3640/08 2 sustained injury in the incident. But the defacto complainant has not sustained any injuries, it is submitted. 4. On hearing both sides, it is clear that there was an incident between two parties and as per the allegations both used weapons like iron rod etc. and cases were registered. But, nothing is pointed to infer that defacto complainant is the aggressor. In such circumstances, I am not inclined to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl