IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5896 of 2008() ----------------------------- CRIME NO. 430/2008 OF PARASSALA POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. BIJU, S/O.THANKAPPAN, PLAVILA PUTHEN VEEDU, NEDUVANVILA, PARASSALA P.O. 2. RAJAM, W/O.THANKAPPAN, PLAVILA PUTHEN VEEDU, NEDUVANVILA, PARASSALA P.O. 3. THANKAPPAN, PLAVILA PUTHEN VEEDU, NEDUVANVILA, PARASSALA P.O. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5896 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 452, 324, 294 (b), 427 and 34 IPC. According to prosecution, petitioners committed house-trespass into the house of defacto-complainant, abused him and assaulted him by using stones. They also pelted stones and committed mischief and caused damage to the house of defacto-complainant. 3. Learned counsel for the petitioners submitted that petitioners are son, father and mother. They are related to defacto-complainant. As per the First Information Statement itself, defacto-complainant and petitioners are on inimical terms with each other. There is enmity over a period of 20 years. The complaint was lodged only on the next day of the alleged incident, and only minor injuries are sustained. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that 1st accused and 2nd accused had used stones to inflict injuries on the forehead and backside of the defacto- complainant. They had trespassed into the house out of enmity. The 3rd accused pelted stones and caused damage to the house. In BA 5896/08 -2- a case of this nature, anticipatory bail may not be granted, it is submitted. 5. On hearing both sides, considering the nature of the allegations made, I do not find it proper to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. mn.