IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6404 of 2008()
1. NARAYANAN AGED 48 YEARS,
... Petitioner
2. SREEJESH AGED 20 YEARS,
Vs
1. STATE REPRESENTED BY PUBLIC
... Respondent
2. THE STATION HOUSE OFFICE,
For Petitioner :SRI.M.B.PRAJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/10/2008
O R D E R
K. HEMA, J.
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B.A. No. 6404 of 2008
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Dated this the 23rd day of October,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 341, 324 and
307 read with section 34 IPC. According to prosecution, on 3-10-
2008 petitioners along with another person (A3) in furtherance of
their common intention assaulted de facto complainant by
stabbing with a knife and inflicted serious injuries and attempted
to commit murder. This happened in the premises of a Family
Court. There was a case between de facto complainant and
petitioners relating to the custody of the child of de facto
complainant, after the death of his wife. The court ordered the
child to be brought to the court on the next day for the de facto
complainant to see the child. But, after the order was passed,
when they were going out, de facto complainant was wrongfully
restrained by 2nd accused (1st petitioner) and 3 accused and 1st
accused (2nd petitioner) stabbed him on the stomach, chest and
shoulder and he sustained serious injuries.
3. Learned counsel for petitioners submitted that de facto
complainant is a gunda. He murdered the daughter of 1st
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petitioner. But, due to his influence, it was transformed to a case
of suicide by police. Thereafter, the child was in the custody of his
maternal relatives. In the premises of the Family Court, de facto
complainant was attacked by some unknown people because of
his criminal antecedents. Petitioners are innocent of the
allegations made. No offence as alleged has committed by them
and hence anticipatory bail may be granted, it is submitted.
4. Learned Public Prosecutor strongly opposed this petition.
It is submitted that de facto complainant sustained serious
injuries. His liver was injured and there were incised injuries on
the chest and shoulder also. All these were caused by knife. The
incident happened in the premises of the Family Court and it was
allegedly stated by petitioners that de facto complainant will not
be alive to see the child and he was attacked stating this.
5.On hearing both sides, I am not satisfied that this is not a
fit case to grant anticipatory bail. It has also to be noted that knife
was used by 2nd petitioner (A1) and it is to be seized. Petitioners
are required for investigation and interrogation. The offence was
committed in the premises of the Family Court. The crime was
registered as early as on 3-10-2008 but petitioners are not
available for arrest so far.
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Hence, petitioners are directed to surrender
before the Investigating Officer and co-operate with
the investigation.
With this direction, this petition is dismissed.
K.HEMA, JUDGE.
mn.