IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5070 of 2008()
1. BALAN, AGED 61 YEARS,S/O.VELUMBIRA
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/08/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 5070 of 2008
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Dated this the 13th day of August, 2008.
ORDER
Petition for anticipatory bail.
2. The alleged offences are under Sections 324, 326 read with
Section 34 of IPC. According to prosecution, the petitioner along with
his son assaulted the petitioner’s brother and inflicted injuries. On a
complaint filed by him, a crime was registered.
3. Learned counsel for the petitioner submitted that petitioner’s
son was granted regular bail. Petitioner is an old person. He is having
several physical ailments. He is aged 61 years. The de facto
complainant is a quarrelsome person. He is engaged in several
assaults. He had assaulted petitioner’s wife on a day when he was not
present in the house. She was hospitalised. Tympanic membrane of
her ear drum was perforated, as revealed from the medical certificate
produced. But, thinking about the reputation of the family, no
criminal compliant was filed, it is submitted. The de facto complainant
is in the habit of drinking liquor and he is a drunkard.
4. This petition is opposed. Learned Public Prosecutor submitted
that in this incident, the first accused used a chopper and the 2nd
[B.A.5070/08] 2
accused used a stick. As a result of the assault made by them,
petitioner sustained injury, including fracture. On the facts of this
case, it is not a fit case to grant anticipatory bail, it is submitted. It is
also submitted that the stick used by the petitioner for offence is not
recovered and the petitioner is required for custodial interrogation.
5. On hearing both sides, I am satisfied of the submissions
made by learned Public Prosecutor. On facts also, I find it not proper to
grant anticipatory bail. The weapon of offence is also to be recovered,
for which the petitioner’s interrogation is required.
Petition is dismissed.
Sd/-
K. HEMA, JUDGE.
Krs.