SHIJU ALIAS KUNJUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.241/06 of Kuthiathodu Police Station for an offence punishable under Sec.326 I.P.C., seeks anticipatory bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application.

(3.) The occurrence took place at 9.30 p.m. on 2.11.2006 during which the de facto complainant was attacked with sword resulting in the amputation of his middle finger and fracture of little finger besides other injuries. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within a period of two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed. This petition is disposed of as above.