High Court Kerala High Court

Sabu.P.R vs State Of Kerala on 16 July, 2010

Kerala High Court
Sabu.P.R vs State Of Kerala on 16 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3428 of 2010()


1. SABU.P.R, S/O.RAGHAVAN,AGED 35 YEARS,
                      ...  Petitioner
2. SHYAM KUMAR.K.S,S/O.SASIDHARAN,

                        Vs



1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :16/07/2010

 O R D E R
                              K.HEMA, J.
                           ------------------
                       B.A. No. 3428 of 2010
                     -----------------------------
               Dated this the 16th day of July, 2010


                              O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 341, 324,

308 read with Section 34 of the Indian Penal Code. According to

prosecution, on 23.04.2010 at about 10.45 P.M., petitioners (A1

and A2) intercepted the car driven by the de facto complainant

and assaulted him using iron pipe and iron rod. Third accused

was also attacked him and the de facto complainant sustained

injuries and thereby, the accused committed the above offences.

3. Learned counsel for petitioners submitted that de facto

complainant and his associates are goondas in the locality. They

have, in fact, attacked the petitioners, who are accused nos. 1

and 2 and they had also gone to the hospital on sustaining

injuries. At the instance of the de facto complainant, offence

under Section 308 of the Indian Penal Code is included and

there is no allegation against second accused that he

committed any overt acts. The injury sustained by the de facto

B.A. No. 3428 / 2010 2

complainant are minor and hence petitioner may be granted

anticipatory bail, it is submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that as per the allegations made in the F.I. Statement,

both petitioners assaulted by de facto complainant using iron

pipe and iron rod. There are corresponding injuries also, on the

de facto complainant. He was admitted in the hospital. He

sustained fracture to the mandible and other multiple lacerated

wounds on the head. He had history of vomiting and other

injuries also. This is not a fit case to grant anticipatory bail, it is

submitted.

5. On hearing both sides and on going through the

documents produced Annexure-2(A) and (B) and the wound

certificate issued to the de facto complainant, and on considering

the various facts and circumstances, I find that the nature of the

allegations made against petitioners are serious. Though the de

facto complainant is stated to be a goonda, he sustained various

lacerated wounds on his head, and other parts of the body

including a fracture to the mandible. But, the petitioners had only

complaints of body pain, as revealed from the documents

B.A. No. 3428 / 2010 3

produced. In such circumstances, I do not think that this is a fit

case to grant anticipatory bail. Petitioners are bound to surrender

and co-operate with the investigation.

No further application for anticipatory

bail by petitioners in this crime will be

entertained by this court hereafter.

Petition is dismissed.

K. HEMA, JUDGE
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