IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1926 of 2010()
1. VIJAYAN, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :01/07/2010
O R D E R
K. HEMA, J
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B.A.No.1926 OF 2010
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Dated this the 1st day of July, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under sections 341, 324 and
308 IPC. According to prosecution, on 5.2.2010 at about 3.30 pm
petitioner wrongfully restrained and assaulted defacto
complainant’s son with a knife and inflicted injuries and thereby
committed the above offence.
3. According to petitioner, the allegations made are
absolutely false. The story put forward by defacto complainant is
prima facie untrue. In case petitioner is arrested, it is likely to
affect his reputation adversely. Petitioner is prepared to abide by
any condition.
4. This petition is opposed. Learned public prosecutor
submitted that the allegations made in the first information
statement are corroborated by medical evidence. Defacto
complainant’s son sustained penetrating wound on the abdomen
which could be caused by stabbing with a knife. He was
B.A. No.1926/10 2
hospitalised in ICU. He had undergone a surgery. He sustained
other injuries also. The knife used by the accused is not yet
recovered. He is required for interrogation and recovery. This is
not a fit case to grant anticipatory bail, it is submitted.
5. On hearing both sides, and going through the case diary,
particularly medical records, I am satisfied that this is not a fit
case to grant anticipatory bail. Considering the need for
interrogation of petitioner and for effective recovery also, I find
that anticipatory bail cannot be granted. Petitioner is bound to
surrender before the investigating officer without any delay and
co-operate with investigation.
This petition is dismissed.
K. HEMA, JUDGE.
Sou.