High Court Kerala High Court

Francis vs State Of Kerala on 10 February, 2009

Kerala High Court
Francis vs State Of Kerala on 10 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 586 of 2009()


1. FRANCIS, AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/02/2009

 O R D E R
                             K.HEMA, J.
                       --------------------------------
                       B.A. No.586 OF 2009
                       --------------------------------
             Dated this the 10th day of February, 2009


                              O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 341, 323,

506(i) and 308 of I.P.C. According to prosecution, petitioner

along with second accused in furtherance of common intention

wrongfully restrained the defacto complainant and assaulted

him. The first accused used an iron block and inflicted injuries.

3. Learned counsel for petitioner submitted that

petitioner and the second accused are brothers. Petitioner has

not committed any offence, as alleged. There was some

altercation and an incident occurred in the course of a festival

in a church and the altercation started since the first accused’s

fiance was teased by the defacto complainant and nothing

serious had occurred to attract offence under Section 308 of

I.P.C., it is submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that petitioner is the first accused and he used an

iron block to inflict injury and the defacto complainant

sustained injury near the eye brow, which was sutured.

B.A.No.586 of 2009
2

Petitioner is involved in other crimes and the weapon used is

to be recovered and hence, it is not a fit case to grant

anticipatory bail, it is submitted.

On hearing both sides, considering the serious nature of

the allegations made and the nature of investigation required,

I am satisfied that this is not a fit case to grant anticipatory

bail. Petitioner is bound to surrender and co-operate with the

investigation. However, considering the nature of injuries

sustained, as revealed from the wound certificate, I find that

for the purpose of bail, offence under Section 308 of I.P.C.

could be treated as one under Section 324 of I.P.C. In the

circumstances, the following order is passed :

Petitioner shall surrender before the

investigating officer or the Magistrate court

concerned within seven days from today and

co-operate with the investigation. In the event

of surrender, for the purpose of bail, the

offence included under Section 308 of I.P.C.

will be treated as one falling under Section

324 of I.P.C. It is made clear that this

B.A.No.586 of 2009
3

observation is made only for the purpose of

bail.

The petition is disposed of accordingly.

K.HEMA, JUDGE

pac