IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4311 of 2008()
1. SHIBU, AGED 32 YEARS, S/O.VARGHESE,
... Petitioner
2. UDAYAN, AGED 45 YEARS, S/O.NATARAJAN,
3. JUDY, AGED 40 YEARS, S/O.PAPPACHAN,
Vs
1. STATE OF KERALA, REP. BY DIRECTOR OF
... Respondent
For Petitioner :SRI.SAIRA PHIROZ
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :02/07/2008
O R D E R
K. HEMA, J.
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B.A.No. 4311 of 2008
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Dated this the 2nd day of July, 2008
O R D E R
Application for anticipatory bail.
2. The alleged offences are under sections 323, 341 and 326 read
with section 34 IPC. Petitioners are accused 1 to 3 in the crime. According
to the prosecution, accused 2 and 3 pulled the defacto-complainant by hand
and wrongfully restrained him facilitating the 1st accused to beat him with
iron road and the 1st accused thereby caused fracture to the skull by beating.
All of them assaulted the defacto-complainant, thereafter.
3. Learned counsel for the petitioners submitted that the petitioners
are totally innocent of the allegations made. The defacto-complainant had
hired an autorickshaw from the 1st petitioner and he had given back the
same also. But, initially he resisted returning the same and there were
repeated demands to return the same. Because of this, the defacto-
complainant developed some enmity towards the petitioners. The defacto-
complainant is a drunkard and he falls down under intoxication frequently
and in this case also, he had fallen down and sustained injury. The defacto-
BA 4311/08 -2-
complainant, thereafter, gave a false statement to the police based upon
which, the petitioners were implicated in the offence.
4. . On going through the wound certificate it is seen that there is
no smell of alcohol. The learned Public Prosecutor submitted that
petitioners are required for the purpose of recovery. Though the incident
happened on 4-6-2008, they were not available for arrest or for recovery of
the weapon used. On hearing both sides and on considering the various
aspects, I am satisfied that this is not a fit case to grant anticipatory bail.
The application is dismissed.
K. HEMA,
JUDGE.
mn.