Shaji vs State Represented By Public … on 5 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7478 of 2008()


1. SHAJI, LAKSHAM VEEDU COLONY,
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY PUBLIC PROSECUTOR,
                       ...       Respondent

2. S I OF POLICE, KOYILANDY P.S.,

                For Petitioner  :SRI.B.V.JOY SANKER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :05/01/2009

 O R D E R
                               K. HEMA, J.
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                         B.A. No. 7478 of 2008
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             Dated this the 5th day of January,2009

                                  O R D E R

Petition for anticipatory bail.

2. The alleged offences are under sections 323, 324 and

506(II) IPC. According to prosecution, petitioner committed

house trespass into the house of de facto complainant and

assaulted him as well as his wife. De facto complainant was

stabbed with knife.

3. Learned counsel for petitioner submitted that incident

did not occur as alleged. There was some altercation between

the two, since de facto complainant abused petitioner’s mother

and in the course of the same, de facto complainant fell down

and sustained some injuries and allegations to the contrary are

false. Therefore, petitioner may be granted anticipatory bail.

4. This petition is opposed. Learned Public Prosecutor

submitted that the allegations are serious in nature and it is not

a fit case to grant bail. Learned Public Prosecutor also submitted

that knife is already recovered.

5. On hearing both sides, considering the facts and

circumstances of this case, I do not find that it is a fit case to

grant anticipatory bail. The incident occurred on 14-11-2008 and

BA 7478 /08 -2-

petitioner has not surrendered before the Investigating Officer

or before the court so far.

Hence, petitioner is directed to surrender

before the Magistrate court concerned or before the

Investigating Officer without any delay and co-

operate with the investigation. Whether he surrenders

or not, police is at liberty to arrest him and proceed in

accordance with law.

With this direction, this petition is dismissed.

K.HEMA, JUDGE.

mn.