IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 863 of 2010()
1. JIJO JOSEPH, AGED 25 YEARS, S/O ALICE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.GIREESH VARMA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 863 of 2010
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Dated this the 2nd day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is the accused
in Crime No.14/2010 of Peringome Police Station, Kannur District.
2. The offences alleged against the petitioner are under
Sections 447 and 326 of the Indian Penal Code.
3. The prosecution case is that on 09.01.2010 at 9.P.M.,
the petitioner attacked the de facto complainant with a wooden
reaper. The de facto complainant sustained “fracture of middle
third of ulna”. The de facto complainant was admitted in the
Pariyaram Medical College hospital. The First Information
Statement shows that there was a quarrel between the de facto
complainant and the petitioner, when the de facto complainant
asked the petitioner to reduce the volume of T.V during midnight.
There was exchange of words between the parties. It is alleged
that the petitioner attacked the de facto complainant resulting in
the fracture as aforesaid.
B.A. No. 863 of 2010 2
4. Taking into account the facts and circumstances of the
case, the nature of the injury and the allegations levelled against
the petitioner, I am not inclined to grant anticipatory bail to the
petitioner. If anticipatory bail is granted tot he petitioner, it
would adversely affect the proper investigation of the case,
For the aforesaid reasons, the Bail Application is dismissed.
The learned counsel for the petitioner submitted that the de
facto complainant has political influence and that if the petitioner
is arrested, there is every chance of the petitioner being
manhandled by the police. It is also submitted that the petitioner
and the de facto complainant are neighbours and the petitioner
intends to explore the possibilities of a settlement. In the facts
and circumstances of the case, to facilitate the settlement
between the parties, there will be a direction to the Sub Inspector
of Police, Peringome Police Station not to arrest the petitioner in
connection with Crime No. 14/2010 for a period of three weeks
from today.
Hand over copy to both sides.
K.T. SANKARAN, JUDGE
B.A. No. 863 of 2010 3
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