IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 455 of 2009()
1. ABDUL RAHIMAN @ ANTHRUMAN,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH SUB
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
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.455 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 308 and 326
of I.P.C. According to prosecution, petitioner assaulted the
defacto complainant using stick and he sustained injuries
including a fracture to the right arm. The incident happened
on 17.01.2009.
3. Learned counsel for petitioner submitted that the
defacto complainant and others assaulted petitioner and a
crime is registered as crime No.44/2009 against him. The
defacto complainant sustained a fracture, only due to a fall
during the course of the incident, and not due to any assault.
On the next day, the defacto complainant’s people came to
petitioner’s shop and assaulted him and he sustained serious
injuries and he is hospitalised. Annexure I photograph will
reveal the nature of the injuries sustained, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioner assaulted the defacto complainant
B.A.No.455 of 2009
2
and a fracture is caused. Considering the nature of the
allegations made, this is not a fit case to grant anticipatory
bail. In the counter case, the offences alleged are under
Sections 341 and 323 I.P.C.
On hearing both sides, I find that mere existence of a
counter case cannot be made a ground to grant anticipatory
bail. The fact that another crime was committed on the next
day of the incident against petitioner is also not a ground to
grant anticipatory bail. Anticipatory bail cannot be granted on
sympathy. As per the allegations, petitioner assaulted defacto
complainant using a stick and a fracture is caused.
Considering the serious nature of allegations made, I am
satisfied that this is not a fit case to grant anticipatory bail.
The crime is registered as early as on 17.01.2009 and
petitioner is bound to surrender and co-operate with the
investigation.
i) Petitioner shall surrender before the
investigating officer or the Magistrate court
concerned and co-operate with the
investigation. Whether he surrenders or not,
B.A.No.455 of 2009
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police is at liberty to arrest him and proceed
in accordance with law.
ii) No further application for anticipatory bail
will be entered by this court by petitioner in
this crime.
The petition is dismissed.
K.HEMA, JUDGE
pac