IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Bail Appl..No. 128 of 2009(A) ------------------------------------ CRIME NO.719/2008 OF ANCHALUMOODU POLICE STATION PETITIONERS/ACCUSED NOS. 1 TO 4 : ----------------------------------------------- 1. RAFI (A1), AGED 19 YEARS, S/O.AUGUSTIN, VIMALA BHAVAN, CHEMMAKKADU P.O., PERINADU, KOLLAM. 2. ANOOP (A2), AGED 18 YEARS, S/O.FRANCIS, ANUGRAHA, CHEMMAKKADU P.O., PERINADU, KOLLAM. 3. KAILAS (A3), AGED 19 YEARS, S/O.ANGELOSE, KAILAS BHAVANAM, CHEMMAKKADU P.O., PERINADU, KOLLAM. 4. SUNIL (A4), AGED 19 YEARS, MELOOT KIZHAKATHIL, CHEMMAKKADU P.O., PERINADU, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.128 OF 2009 -------------------------------- Dated this the 9th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b), 452, 323, 324, 427 read with 34 of I.P.C. According to prosecution, petitioners (accused nos.1 to 4) allegedly committed house trespass into the shop of the defacto complainant and assaulted a person with soda bottle, who came running to the shop to take shelter. They also committed mischief by causing a damage to the shop to the tune of Rs.3,000/-. 3. Learned counsel for petitioners submitted that some nuisance was caused when a procession was going on and some persons took shelter in the shop and nothing more had happened. Petitioners are innocent. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners committed house trespass into the shop and committed mischief by causing a damage to the tune of Rs.3,000/-. This is not a fit case to grant anticipatory bail, it is submitted. B.A.No.128 of 2009 2 On hearing both sides, I am not inclined to grant anticipatory bail. The incident occurred as early as on 25.12.2008 and petitioners are not available for interrogation. Hence, the following order is passed : i) Petitioners shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. ii) No further application for anticipatory bail by petitioners in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac