IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5075 of 2008() ----------------------------- CRIME NO.458/08 OF CHALAKUDY POLICE STATION PETITIONERS : ACCUSED NO.1: ------------------------------ VASU, AGED 56 YEARS, THAYYIL VEETTIL KITTU, NEAR PANAMPILLY COLLEGE, POTTA CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.ANTONY C. ETTIKETTIL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5075 of 2008 ----------------------------------------- Dated this the 14th August, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the petitioner and his son, in furtherance of common intention, committed various offences against the de facto complainant and a crime was registered under Sections 323, 324 and 324 read with 34 of Indian Penal Code. An iron rod was used by the first accused, who is the petitioner herein and a fracture was also sustained by de facto complainant in the incident. These offences were committed, since one year prior to the incident, the petitioner was assaulted by the de facto complainant and he had sustained injuries. 3. Learned counsel for petitioner submitted that the petitioner is innocent of the allegations made. The petitioner is continuously under treatment from 2007 onwards, ever since the de facto complainant assaulted him and injuries were inflicted on him. His liver had a laceration. There was continuous neck pain and his vertebra at the neck were effected. Medical records are also produced for perusal. The medical records show that there was some serious problem to his neck and he had also liver laceration and he was under treatment from May, 2007 onwards. BA.5075/08 2 4. On going through the various documents, it is clear that the petitioner had osteophytic changes in the normal curvature of cervical spine and he also had liver laceration. Therefore, learned counsel for petitioner submitted that it is impossible for the petitioner to lift an iron rod and assault the de facto complainant and inflict a fracture, for which sufficient force is needed. It is unlikely that a person with these sorts of problem would be able to commit the alleged overt acts. 5. Learned Public Prosecutor submitted that as per the allegations in the case diary, petitioner had committed the overt acts and the petitioner's son was also acting in furtherance of common intention. The recovery of weapon is not effected and the petitioner is required for interrogation. 6. On hearing both sides and on going through the documents produced for perusal, I find that the petitioner can be granted anticipatory bail, on conditions especially considering the physical stage of the petitioner. Hence, the following order is passed: i) Petitioner shall surrender before the investigating officer within seven days from today and make himself available for interrogation and co-operate with the investigation. BA.5075/08 3 ii) Petitioner shall be released on bail in the event of his arrest on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on condition that he will co-operate with the investigation and report before the investigating officer for interrogation as and when directed and also that he will not directly or indirectly threaten or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.