IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7204 of 2008()
1. UNNIKRISHNAN @ BIJU, S/O.VISWAMBHARAN,
... Petitioner
2. PRAVEESH KUMAR, S/O.VALSALA, KRISHNA
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :01/12/2008
O R D E R
K.HEMA, J.
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B.A.No.7204 of 2008
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Dated this the 1st December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 308, 323 and 34 of
the Indian Penal Code. According to prosecution, first accused and
de facto complainant were on inimical terms with each other, in
connection with the marriage proposal. On 10.10.2008, accused 1
and 2, along with other accused went to de facto complainant’s
house and assaulted de facto complainant. A knife was used by
accused 2 and 3 and injury was caused to de facto complainant.
3. Learned counsel for petitioners submitted that petitioners
may be allowed to withdraw this petition. This petition is opposed.
Learned Public Prosecutor submitted that allegations made are
serious in nature and petitioners are required for purpose of
interrogation and recovery of weapon used for the offence. Deep
stab wounds are caused on de facto complainant.
4. On hearing both sides, I am satisfied that it is not a fit case
to grant anticipatory bail, considering the nature of injury and the
nature of investigation required. On the facts and circumstances of
the case, I am not inclined to allow petitioners to withdraw the
case, since it is likely that they may flee from law.
BA.7204/08 2
Petitioners are directed to surrender before
the investigating officer and co-operate with the
investigation. Whether petitioners surrender or not,
police is at liberty to arrest them at any time.
With this direction petition is dismissed.
K.HEMA, JUDGE
vgs.