IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3833 of 2008()
1. K.SOMAN, S/O.KUNJURAMAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. S.I. OF POLICE, PUNALUR
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3833 of 2008
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Dated this the 23rd day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 324 and 308 of
Indian Penal Code. The petitioner has allegedly inflicted injury on
the defacto complainant and committed the offences and for the
commission of offence he had used a chopper.
3. Learned counsel for petitioner submitted that the petitioner
is an employee in the B.S.N.L and he is a law abiding person. He
has not committed any offence as alleged. The defacto complainant
and others came to him and an assault occurred between them in
connection with the property. The petitioner resisted disposal of a
property where his uncle was cremated. But, the defacto
complainant alleged that the property belonged to the maid servant
claiming herself to be the adopted daughter of the deceased uncle.
Learned counsel for petitioner submitted that the uncle died
intestate. This is a falsely foisted case to grab the property.
4. This petition is opposed. Learned Public Prosecutor
submitted that as many as three incised wounds were sustained by
BA.3833/08 2
the defacto complainant and a weapon was also used and it is to be
recovered and hence, petitioner’s presence would be required for
interrogation and recovery, it is submitted.
5. On hearing both sides, I am satisfied that in a case where
recovery is to be effected and the petitioner is required for
interrogation, it may not be proper to grant anticipatory bail.
This petition is dismissed.
K.HEMA, JUDGE
vgs.