High Court Kerala High Court

Prabhakaran vs The State Of Kerala Represented By … on 8 June, 2010

Kerala High Court
Prabhakaran vs The State Of Kerala Represented By … on 8 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1707 of 2010()


1. PRABHAKARAN,AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :08/06/2010

 O R D E R
                                  K.HEMA, J
                             -----------------------
                         B.A No.1707 OF 2010
                         --------------------------------
                   Dated this the 8th day of June 2010

                                    ORDER

This petition is for anticipatory bail.

2. The alleged offences are under Sections 321, 323, 324 and

326 IPC. According to prosecution, on 27/08/2010 at about 10:30

P.M petitioner attacked de facto complainant who is his brother-in-

law with a chopper and caused grievous hurt to him.

3. Learned counsel for the petitioner submitted that petitioner

also sustained injuries and the incident happened in the house of the

petitioner. Petitioner is not involved in any other crime. The matter

is settled between the parties. Hence, anticipatory bail may be

granted.

4. Learned Public Prosecutor submitted that this is the second

application for anticipatory bail. As per Annexure A2 order, the

earlier application was dismissed stating that petitioner is not

entitled to the relief. Recovery of weapon is not so far effected.

5. On hearing both sides and on going through Annexure

A2 order, I find that the earlier application for anticipatory bail by the

petitioner was dismissed about six months back on 28/01/2010. The

incident happened on 27/08/2009 about ten months back.

Investigation is in a stand still since petitioner has not surrendered

B.A No.1707 OF 2010 2

and recovery of weapons is not effected. In Annexure A2 order,

this court has already observed that if anticipatory bail is granted

to petitioner it would adversely affect the proper investigation of

this case and that custodial interrogation of petitioner may be

required. It was also observed that petitioner is not entitled to

discretionary relief under Section 438 Cr.P.C.

6. Taking into consideration the nature and gravity of

offence and the allegations made against the petitioner, i do not

find any reason to come to a different finding. Though petitioner

submitted that the matter is settled, there is nothig before this

court to support the same. Though petitioner would contend that

the injury sustained by de facto complainant is minor, learned

Public Prosecutor has submitted that the offence involved is under

Section 326 IPC and injuries are also serious. Taking into account

various facts, the following order is passed:

(1) Petitioner shall surrender before the Investigating

Officer forthwith and co-operate with investigation.

(2) No further application for anticipatory bail by

petitioner shall be entertained by this court.

Petition is dismissed.

K.HEMA
JUDGE
vdv