IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 586 of 2009()
1. FRANCIS, AGED 31 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/02/2009
O R D E R
K.HEMA, J.
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B.A. No.586 OF 2009
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Dated this the 10th day of February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 341, 323,
506(i) and 308 of I.P.C. According to prosecution, petitioner
along with second accused in furtherance of common intention
wrongfully restrained the defacto complainant and assaulted
him. The first accused used an iron block and inflicted injuries.
3. Learned counsel for petitioner submitted that
petitioner and the second accused are brothers. Petitioner has
not committed any offence, as alleged. There was some
altercation and an incident occurred in the course of a festival
in a church and the altercation started since the first accused’s
fiance was teased by the defacto complainant and nothing
serious had occurred to attract offence under Section 308 of
I.P.C., it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioner is the first accused and he used an
iron block to inflict injury and the defacto complainant
sustained injury near the eye brow, which was sutured.
B.A.No.586 of 2009
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Petitioner is involved in other crimes and the weapon used is
to be recovered and hence, it is not a fit case to grant
anticipatory bail, it is submitted.
On hearing both sides, considering the serious nature of
the allegations made and the nature of investigation required,
I am satisfied that this is not a fit case to grant anticipatory
bail. Petitioner is bound to surrender and co-operate with the
investigation. However, considering the nature of injuries
sustained, as revealed from the wound certificate, I find that
for the purpose of bail, offence under Section 308 of I.P.C.
could be treated as one under Section 324 of I.P.C. In the
circumstances, the following order is passed :
Petitioner shall surrender before the
investigating officer or the Magistrate court
concerned within seven days from today and
co-operate with the investigation. In the event
of surrender, for the purpose of bail, the
offence included under Section 308 of I.P.C.
will be treated as one falling under Section
324 of I.P.C. It is made clear that this
B.A.No.586 of 2009
3
observation is made only for the purpose of
bail.
The petition is disposed of accordingly.
K.HEMA, JUDGE
pac