The court highlighted the need for balancing the rights of the accused and the integrity of the investigation while granting anticipatory bail.

Dated this the 05th day of July, 2022 This is an application for Anticipatory Bail.

2. The petitioner is the sole accused in Crime No.101/2022 of Kakkur Police Station, Kozhikode alleging commission of offences punishable under Sections 341 , 324 and 308 of the IPC .

3. The prosecution case is that, on 04.04.2022 at

11.00 Am., when the de facto complainant got an information that the petitioner and his brothers were taking table, coat etc. from the family house of the parties breaking open the back door of the house, he reached there. The petitioner owing to the previous enmity towards the de facto complainant on account of dispute over family property caught hold of the neck of the de facto complainant and attempted to hack the neck of the de facto complainant with a chopper and hence committed the above said offence.

4. The learned counsel for the petitioner submitted that, the petitioner is falsely implicated in the above said crime and what has happened on 04.04.2022 is that, the petitioner along with his brothers went to the said property to take some tiles from the dilapidated house. When the petitioner was collecting the tiles the de facto complainant and the petitioner's another uncle Alikoya along with their children Junais, Jerish who are residing far away from the place of incident came to the property questioned the petitioner and attacked him without any provocation. The children of the de facto complainant hold the hands of the petitioner and attacked with a wooden stick. This time the above said Junais took a knife and attempted to stab on the chest and stomach. Suddenly there was an altercation and in order to save the life of the petitioner, he grabbed the knife from the hand of the said Junais and his left hand and fingers got seriously injured. The petitioner pushed them back and tried to escape from the scene. Hearing the petitioners woe and cry his brothers Ashraf and Salim who went to put the tiles in the vehicle came to the spot and the petitioner somehow escaped from the hands of the de facto complainant. Due to the heavy bleeding the petitioner took treatment from Government beach Hospital, Kozhikode and later referred to Medical College, Kozhikode and admitted there and underwent a surgery and later discharged on 08.04.2022. To substantiate the same petitioner has produced Anx.A2- wound certificate and OP receipt of Medical college hospital, Kozhikode and a complaint was also preferred before the SHO, Kakkur but no complaint was registered due to the influence of the de facto complainant and other persons, only after when the petitioner has approached the higher officials of police the SHO, Kakkur police station was forced to register an FIR against the de facto complainant and other four persons as Crime No.124/2022 which is produced as Anx.A3 in this bail application. The case of prosecution that, the petitioner broke upon the door and took coat and table etc., are absolutely false and the contention of the petitioner is that the building is old and dilapidated and to substantiate the said contention petitioner has produced Anx.A1 – series of photographs. It is further submitted that, he has no other criminal antecedents.

5. The learned Public Prosecutor, though opposed the application for bail submitted that, the petitioner has no other criminal antecedents.

6. Having regard to the facts and circumstances of the case, considering the nature of the allegation, I am inclined to grant anticipatory bail to the petitioner, subject to stringent conditions. In the result, the bail application is allowed. Petitioner shall surrender before the investigation officer on 14th July, 2022 at 11.00AM and co-operate with the investigation. In the event of arrest of the petitioner in Crime No.101/2022 of Kakkur Police Station, Kozhikode he shall be released on bail, subject to the following conditions:

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sur