IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3428 of 2008() ----------------------------- CRIME NO. 67/2008 OF NEDUMKANDAM POLICE STATION PETITIONER: ACCUSED: ------------------------- BENNY, AGED 48 YEARS, S/O.JOSEPH, KARIYILAKULATH HOUSE, VATTAPPARA KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3428 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R Application for anticipatory bail. 2. Alleged offences are under sections 354, 323 and 326 read with section 34 IPC. According to the prosecution, on 1-3-2008 at 5.30p.m. the petitioner caught hold of the defacto-complainant, tore out her blouse and attacked her and others. There was a fracture of tip of a finger bone in the course of the accident. 3. Learned counsel for the petitioner submitted that the incident did not transpire as alleged. The petitioner is a tenant of the defacto- complainant. There was an attempt by the defacto-complainant to evict him by force. The petiitoner was forced to file a civil suit and he obtained an interim injunction against the forcible eviction. The suit is O.S. No.48/2008 before the Munsiff's Court, Kattappana and an interim injunction was granted as I.A. No.265/2008 on 27-2-2008. While so, on 1-3-2008 the BA 3428/08 -2- defacto-complainant, her brother-in-law and four others including the 6th accused, who is a “gunda” of the locality, trespassed into the residential premises of the petitioner and attacked him. The Petitioner suffered injuries and on his statement a crime was registered as Crime No. 66/2008. Threader the present crime is registered on the basis of the statement given by the defacto-complainant to wriggle out the criminal liability as a counter blast to that crime. 4. Learned Public Prosecutor submitted that the offence involved is under section 326 IPC. But, he submitted that the weapon is already recovered. The objection is only because the offence is under section 326 IPC. On hearing both sides I find that it is only just and proper to grant anticipatory bail to the petitioner, especially on taking into account the fact that the incident happened in the residential premises of the petitioner who is a tenant of the defacto-complainant against whom there is already an injunction granted by the civil court. Hence, the following order is passed:- Petitioner shall be released on bail in the event of his arrest on his executing a bond for Rs.25,000/- with solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he will co-operate with the BA 3428/08 -3- investigation and make himself available for interrogation as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.