IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 368 of 2008()
1. GEORGE, AGED 61, S/O. JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.RENJITH B.MARAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/01/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
B.A.No. 368 of 2008
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 23rd day of January, 2008
O R D E R
Application for anticipatory bail. The petitioner faces
allegations in a crime registered under Sections 326 and 427
I.P.C. He is the sole accused. The defacto complainant is a
neighbour of the petitioner. The defacto complainant was
allegedly assaulted on account of ill-will and animosity which
arose from a prior dispute between them. The allegation is that
the petitioner had caused fracture of the rib by hitting the victim
with a dangerous stone. Crime has been registered.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The learned counsel for the petitioner initially submits
that no offence under Section 326 I.P.C. would lie in as much as
no grievous hurt has been suffered by the victim. But the records
clearly show that fracture of the 6th rib has been caused. The
counsel contends that the weapon used cannot be said to be a
B.A.No. 368 of 2008
2
dangerous weapon. I am unable to agree. I am satisfied, in these
circumstances, that there is merit in the opposition by the learned
Prosecutor. The petitioner must be directed to resort to the ordinary
and normal course of appearing before the Investigating Officer or the
learned Magistrate having jurisdiction and then seek regular bail in the
usual course, submits the Prosecutor.
3. This application is accordingly dismissed. I may however
hasten to observe that if the petitioner appears before the learned
Magistrate and applies for bail after giving sufficient prior notice to
the Prosecutor in charge of the case, the learned Magistrate must
proceed to pass orders on merits, in accordance with law and
expeditiously.
(R. BASANT)
Judge
tm