IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3246 of 2010()
1. SUDHEER, AGED 30 YEARS, S/O.RAMAKRISHNAN
... Petitioner
2. CHARLEY, AGED 34 YEARS, S/O.VASU,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :22/06/2010
O R D E R
K.HEMA, J
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B.A No.3246 OF 2010
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Dated this the 22nd day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 341, 323, 308
r/w Section 34 of IPC. According to prosecution, on 15/05/2010 at
about 6 p.m, while de facto complainant was walking along road,
petitioners came in a motorcycle and wrongfully restrained de
facto complainant, beat him with hands, pushed him down and
thereafter hit him with a stone, and committed various offences.
3. Learned counsel for the petitioner submitted that no
incident as alleged had taken place. De facto complainant had
sustained only minor injuries and offence under Section 308 of IPC
is not involved. The allegations made against petitioners are
false.
4. Learned Public Prosecutor opposed this petition and
submitted that de facto complainant sustained two injuries which
include swelling and abrasion. Stone was used for commission of
offence. It is also submitted that first accused is involved in
various theft cases and offence under Abkari Act.
5. On hearing both sides, considering the various
submissions made, I find that petitioner has a strong and
arguable case in respect of involvement of offence under Section
B.A No.3246 OF 2010 2
308 of IPC. But, considering the serious nature of allegations
made, I find that it is a fit case to grant anticipatory bail. No
ground is made out to grant anticipatory bail. Hence, the
following order is passed.
(1) Petitioners shall surrender before the
Investigating Officer within seven days from
today and co-operate with investigation.
(2) On such surrender, if the petitioners are arrested,
offence under Section 308 of IPC will be treated as
not included for the purpose of bail.
Petition is disposed of accordingly.
K.HEMA
JUDGE
vdv