IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 798 of 2009()
1. SAMBASIVAN, AGED 43 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.BIMAL K.NATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/02/2009
O R D E R
K. HEMA, J.
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B.A. No. 798 of 2009
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Dated this the 20thday of February, 2009
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 447, 294(b)
and 326 IPC. According to prosecution, on 16-1-2009 at about
7.30 p.m. petitioner trespassed into the property of de facto
complainant, abused him in filthy language and assaulted de
facto complainant by using iron rod and inflicted a fracture on
the forearm and thereby committed various offences.
3. Learned counsel for petitioner submitted that there
was some quarrel between petitioner and de facto complainant
on account of a boundary dispute. No incident take place.
Though an incident is alleged to have occurred on 16-1-2009,
petitioner went to the hospital only on 17-1-2009. If there is a
fracture, it is highly improbable that he would wait till the next
day to go to hospital. The distance between the hospital and the
police station is 5 k.m. But, there is a delay in registration of the
crime. The crime was registered only on 19-1-2009. Petitioner is
prepared to abide by any condition. In such circumstances,
petitioner may be granted anticipatory bail, it is submitted.
4. This petition is opposed. Petitioner Learned Public
Prosecutor submitted that there is a delay in registering the
BA 798/09 -2-
crime and it is explained. De facto complainant wanted to
consult his son to go to hospital and that is why the delay was
caused. The First Information Statement was recorded from the
hospital. Recovery of weapon is to be effected.
5. On going through the case diary, it is seen from the
wound certificate that petitioner sustained a fracture to the right
forearm. Deformity of the right wrist was noted therein on 17-1-
2009 at 11 a.m. but no other injury is noted. X ray shows
fracture on the right forearm. The incident stated to have
occurred on 16-1-2009 at 7.30 p.m.
6. On hearing both sides and on going through the case
diary, I am satisfied that anticipatory bail can be granted to
petitioner on conditions. Hence, the following order is passed:-
(1) Petitioner shall surrender before the Magistrate
Court concerned within seven days from today
and he shall be released on bail, on his
executing a bond for Rs. 25,000/- with two
solvent sureties each, for the like amount, to
the satisfaction of the learned Magistrate, on
the following conditions:-
i) Petitioner shall report before the BA 798/09 -3-
Investigating Officer within four days
from the date of release on bail and co-
operate with the investigation.
ii) Petitioner shall not intimidate or
influence any witness or commit any
offence while on bail.
This petition is allowed.
K.HEMA, JUDGE.
mn.