IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2940 of 2010()
1. BIJIN, AGED 25 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP. BY PUBLIC
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :18/05/2010
O R D E R
K. HEMA, J.
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B.A. No.2940 of 2010
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Dated this the 18th day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 452, 294(b),
323 and 324 of the Indian Penal Code. According to prosecution,
on 20.04.2010 at about 9 P.M., the de facto complainant went to
give food to his pigs in his pig farm while a rehearsal of magic
show was going on in the nearby property. Petitioner came
there, while the de facto complainant asked him where he was
going. Petitioner suddenly shouted at him and hit him with a
broken soda bottle on his head and when he evaded the same it
fell on his left hand muscle and he was injured. He was again hit
with the same bottle. This incident happened when he was
standing in the sit out, in front of the room.
3. The learned counsel for the petitioner submitted that no
such incident as alleged by the prosecution had taken place.
Petitioner and de facto complainant are D.Y.F.I. workers. There
was some dispute with respect to the names of the persons,
which are shown in a notice to be published by the D.Y.F.I in
B.A. No.2940 of 2010 2
connection with a meeting. The area president attacked the
petitioner with the broken soda bottle and the same hit on de
facto complainant. It is submitted that the president also
sufferred injury on his own hands by the broken soda bottle and
de facto complainant and the president took treatment from the
same hospital.
4. This complaint given is only on 22.04.2010 though an
incident as narrated above occurred on 20.04.2010, it is
submitted. The allegations in the complaint are false. It is also
submitted that an interpolation is effected in F.I. Statement to
make it appear that the incident happened inside the sit out, but
a reading of F.I. Statement whole would show that the incident
happened outside the sit out. The only non bailable offence is
under Section 452 of the Indian Penal Code and in such
circumstances anticipatory bail can be granted, it is submitted.
5. This petition is strongly opposed by learned Public
Prosecutor and he submitted that offence under Section 326 of
the Indian Penal Code is also included and de facto complainant
sufferred as many as seven injuries on his body. The wound
B.A. No.2940 of 2010 3
certificate reveals lacerated injury of considerable measurement
on the check, forearm and he had also an bronchial artery injury.
It is also submitted that the police had gone to the injured on
getting intimation from the hospital and recorded the F.I.
Statement and this is not a fit case to grant anticipatory bail.
6. On hearing both sides and going the case diary
particularly the wound certificate and on consideration of various
other facts and circumstances, I find that no ground is made out
by petitioner to grant anticipatory bail. The incident happened as
early as on 20.04.2010 and the petitioner is bound to appear
before the investigating officer and co-operate with
investigation.
7. Hence the following order is passed.
Petitioner shall appear before the
investigating officer within one week from
today and co-operate with the investigation.
This petition is dismissed.
K. HEMA, JUDGE
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