IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3663 of 2008()
1. MEERANKUNJU, AGED 55 YEARS,
... Petitioner
Vs
1. STATE OF KERALA (REP. BY THE
... Respondent
For Petitioner :SRI.K.A.JALEEL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3663 of 2008
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Dated this the 3rd day of June, 2008
O R D E R
This petition is for bail.
2. A crime is registered against the petitioner for offence
under Section 324 of Indian Penal Code. Sections 308 and 326 were
included subsequently.
3. According to learned counsel for petitioner, the incident
happened when there was a road widening process involving the
Panchayat President and other persons of the locality. Petitioner
also was engaged in road widening. But the defacto complainant,
who belonged to the rival group, came to the spot and he kicked the
petitioner. There was a scuffle and an injury was sustained by the
defacto complainant in the course of the incident. Both petitioner
and defacto complainant were hospitalised. No crime was
registered on the basis of a statement given by the petitioner, but
the present crime is registered against the petitioner on a
complaint filed by the defacto complainant.
4. It is also pointed out that there was only an offence under
Section 324 IPC originally, but when an anticipatory application
was moved by the petitioner, offence under Section 308 IPC was
BA.3663/08 2
also included. By order dated 21.5.2008 in B.A.No.3208 of 2008,
this Court directed the petitioner to surrender before the
Investigating Officer for interrogation and recovery of the
incriminating material. Petitioner accordingly surrendered and the
article was also recovered. Petitioner was thereafter directed to be
produced on the same day before the Magistrate Court and the
court was directed to dispose of the application for bail preferably
on the same day on which it is filed. Petitioner was produced before
the Court and he filed an application and it was dismissed.
4. Learned Public Prosecutor submitted that charge sheet
already laid and petitioner’s presence is not required for
investigation. Hence petitioner is granted bail on the following
terms and conditions:
i) Petitioner shall execute a bond for Rs.25,000/- with two
solvent sureties each for the like sum to the satisfaction of the court
below.
ii) If the petitioner gets involved in any crime in connection
with road widening, the bail is liable to be cancelled.
This petition is allowed.
K.HEMA, JUDGE
vgs.