SHIJI P ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed by a defacto complainant in a crime under Sections 439(2) and 482 of the Code of Criminal Procedure, to cancel the order of pre-arrest bail granted in favour of respondent No. 2/accused.

(2.) Kuruppampady Police had registered Crime No. 291/2005 for offences punishable under Sections 447, 326 and 308 I.P.C. at the instance of the petitioner who was allegedly attacked by respondent No. 2 with a bill hook. The petitioner had suffered grievous injuries including "fracture of ulna with severed ECU mid forearm" apart from certain lacerated wounds on the other parts of the body.

(3.) Respondent No. 2 had filed an application under Section 438 of the Code of Criminal Procedure for anticipatory bail before the Sessions Court, Ernakulam. The learned Sessions Judge by order dated August 19, 2005 directed that "the petitioner be released on bail in the event of his arrest, on executing a bond for Rs. 15,000/- with two solvent sureties each in the like sum to the satisfaction of the officer concerned." It was made clear that "the bail if any granted as per this order will be in force only for two months". A copy of the said order has been produced as Annexure III. On the same day, respondent No. 1 appeared before the Judicial Magistrate of First Class, Perumbavoor. He was granted bail by the learned Magistrate in terms of the order passed by the learned Sessions Judge. A copy of the said order is on record as Annexure IV.