IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2429 of 2010()
1. KUNJUMON, AGED 35 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.RAMANATHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/05/2010
O R D E R
K. HEMA, J
----------------------
B.A.No.2429 OF 2010
-----------------------------------
Dated this the 20th day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under sections 326 and 308 IPC.
According to the prosecution on 30.3.2010 at about 9.30 pm.
petitioner attacked defacto complainant near a pathway, lying
close to the house of defacto complainant, using a knife, out of
the enemity which arose on a dispute regarding the pathway.
Defacto complainant sustained grievous hurt.
3. Learned counsel for the petitioner submitted that no
incident as alleged has occurred. Petitioner had allowed defacto
complainant to use pathway running through his property, but
asked him not to ride motor cycle through the property, as it will
endanger the child aged three years, who used to play in the
courtyard. Out of this enemity, defacto complainant attacked the
petitioner while he was sleeping in the courtyard in a coat with his
wife and children on the date of occurrence since it was too hot a
B.A. No.2429/10 2
day. The defacto complainant had came to the scene of
occurrence with a sword and there was a scuffle when the sword
fell down and defacto complainant happened to fall on the sword
and he sustained injury. He also submitted that incident
happened at 9 pm. and the present complaint is filed stating that
the incident happened at 9.30 pm.
4. Learned Public Prosecutor opposed this bail application
and submitted that the materials in the case diary revealed that
the incident alleged in the first information statement had taken
place. The defacto complainant sustained grievous hurt and he
was stabbed twice by the petitioner using a knife, one on the
palm and another on the scapula, by which the vein was cut.
5. On hearing both sides, I find that learned counsel fore
petitioner was not even able to state whether petitioner sustained
injury in the course of the incident, which allegedly took place,
according to his version. It would also appear from his own
submissions that petitioner was attacked at 9 pm. where the
incident in this case had taken place at 9.30 pm. It is not very
clear whether the two incidents are separate or one and the
same. No ground is made for granting anticipatory bail.
Petitioner is bound to appear before the investigating officer and
B.A. No.2429/10 3
co-operate with the investigation.
6. Petitioner shall appear before the investigating officer
within 7 days from today and co-operate with the
investigation.
This petition is dismissed.
K. HEMA, JUDGE.
Sou.