PURUSHU K.C v. STATE OF KERALA

BY ADVS.SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU SMT.A.SIMI SMT.VIDYA V.DEVAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE STATION HOUSE OFFICER, NADAPURAM POLICE STATION, KOZHIKODE-673 504. BY PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== B.A. No. 1420 OF 2012 =========================== Dated this the 9th day of March,2012 ORDER Apprehending arrest in Crime 641/2011 of Nadapuram Police Station registered for the offences under sections 341, 294(b) and 326 of the Indian Penal Code petition is filed under section 438 of the Code of Criminal Procedure for anticipatory bail.

#2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

#3. Learned counsel appearing for the petitioner submitted that the incident is not as alleged by the prosecution and petitioner was attacked by the de facto complainant on the night of 13.12.2011 at 9 p.m and petitioner was taken to District Hospital, Vadakara and was B.A.No.1420/2012 2 examined by the doctor and was admitted and treated as an inpatient for ten days and petitioner is prepared to abide by any condition and in the event of arrest of the petitioner he be released on bail.

#4. Learned Public Prosecutor opposed the petition and made available the Case Diary.

#5. On perusing the Case Diary, I do not find that anticipatory bail could be granted to the petitioner as it would adversely affect the investigation. Petitioner is at liberty to surrender before the concerned Magistrate and seek regular bail. Petition is dismissed. tpl/- M.SASIDHARAN NAMBIAR JUDGE M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006