IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 2076 of 2010() ----------------------------- (CRIME NO.56/2010 OF IDUKKI POLICE STATION) PETITIONER ------------------------------ JOSEPH @ PAPPA S/O.OUSEPH AGED 65 YEARS KULAPPARATHU HOUSE CHALICITY UPPUTHODU, IDUKKI DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE IDUKKI POLICE STATION, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2076 OF 2010 -------------------------------- Dated this the 8th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 326 r/w 34 IPC. According to prosecution, de facto complainant had kept a can containing 10Kg of coconut oil (which he had collected from a mill) in the veranda of the house of a close relative. After some time when he came there, the can was found missing. He made enquiries, while petitioner came there and there was a quarrel and petitioner assaulted de facto complainant and inflicted serious injuries including fracture to the skull . Stick was used for the offence. 3. Learned counsel for the de facto complainant was working in his own compound and he was planting tapioca there, while de facto complainant came there and quarreled with petitioner and there was a scuffle. This is all what had happened. 4. This petition is opposed. Learned Public Prosecutor submitted that the nature of allegations made against petitioner are serious and a fracture was caused to the de facto complainant by beating with a stick. Petitioner is required for custodial interrogation. B.A No.2076 OF 2010 2 5. On hearing both sides, I am satisfied that the allegations made against petitioner are serious in nature and petitioner allegedly inflicted a fracture to the skull of the de facto complainant by beating with stick. Though the petitioner would put forward a counter allegation regarding the manner in which the incident happened there is absolutely nothing on record to substantiate the same. The incident happened on 10/02/2010, about four months back and the petitioner is required for interrogation. Petitioner is bound to surrender before the Investigating Officer forthwith and co-operate with investigation. In the above circumstance, I am satisfied that anticipatory bail cannot be granted in this case. Petition is dismissed. K.HEMA JUDGE vdv