IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5587 of 2008()
1. RENISH, S/O.RAMACHANDRAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/10/2008
O R D E R
K.HEMA, J.
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B.A.No. 5587 of 2008
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Dated this the 17th October, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 324, 326 and 308
read with 34 of Indian Penal Code. According to prosecution, the
petitioner, along with other four accused, assaulted the de facto
complainant by using sword, iron rod etc. and caused fracture to
the leg and a part of his small finger was lost. There were injuries
on other parts of the body also, including on the head. The
petitioner was carrying a sword in his hand.
3. Learned counsel for petitioner submitted that the petitioner
is absolutely innocent of the allegations made. In fact, the petitioner
was assaulted by the de facto complainant and a crime was
registered as Crime No.16/06 and he also sustained injuries as
revealed by the medical certificate. There was total amputation of
little finger at middle phalanx level. This case is only a counter blast
to the other case, it is submitted.
4. Learned Public Prosecutor opposed this bail application
and submitted that the allegations made against the petitioner are
serious in nature. The petitioner participated in the offence and he
was also using weapon. He is required for recovery of the weapon.
BA.5587/08 2
Injuries sustained by the de facto complainant are also grievous in
nature. Hence, anticipatory bail may not be granted to him, it is
submitted.
5. On hearing both sides, it is clear that grievous hurt was
caused to the de facto complainant. The petitioner was also
involved in the offence, as per the materials in the case diary. He
was implicated as per the First Information Statement itself. The
mere existence of a counter case is not a ground for granting
anticipatory bail. The petitioner’s interrogation will be required for
recovery of weapon. The incident happened as early as in 2006 and
the petitioner, who is the fifth accused, could not be arrested so far,
even after expiry of two years.
Petitioner is directed to surrender before the
investigating officer within seven days from today
and co-operate with the investigation.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.