IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6238 of 2008()
1. ALEX T. GEORGE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.T.P.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :29/10/2008
O R D E R
K.HEMA, J.
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B.A.No.6238 of 2008
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Dated this the 29th day of October, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 341, 427 and
308 IPC. According to prosecution, on 16.9.2008, at about 8.30
a.m., the defacto complainant’s car was stopped by the accused
and the rear view mirror and wind screen glass were broken by
the accused with a weapon.
3. Learned counsel for petitioner submitted that the
allegations made are false. The actual accident occurred while
the defacto complainant was overtaking the motor cycle driven
by petitioner. Some damage caused and the car was stopped
and there was an altercation. It is not correct to say that any
weapon was used by defacto complainant. The offence under
Section 308 IPC is included only with a view to harass
petitioner. The only injury sustained is an abrasion on the
forearm and it is unlikely that if there is an attack as alleged
such an injury alone will be caused, it is submitted.
On hearing both sides, considering the facts pointed out, I
find that anticipatory bail can be granted on conditions. Hence,
BA No.6238/08 2
the following order is passed:
(1) Petitioner shall surrender before the Investigating
Officer within seven days from today and make
himself available for interrogation and co-operate
with the investigation.
(2) In the event of arrest of petitioner, he shall be
produced before the Magistrate Court concerned in
accordance with law.
(3) On production of petitioner before the Magistrate
court, petitioner shall be released on bail on his
executing bond for Rs.25,000/- with two solvent
sureties each for the like sum to the satisfaction of the
arresting officer on the following conditions:
(i) Petitioner shall report before the Investigating
Officer on every Monday between 10 a.m. to 1
p.m. until further orders.
(ii) Petitioner shall not influence or intimidate any
witness or commit any offence while on bail.
The petition is allowed.
K.HEMA, JUDGE
csl