IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Bail Appl..No. 4525 of 2008() -------------------------------------- CRIME NO.104/2008 OF VELLARIKUNDU POLICE STATION PETITIONER/ACCUSED : ----------------------------------- K.M.GEORGE, AGED 41 YEARS, S/O.MATHEW, RESIDING AT KARAKUNDA, PALLIKKAR P.O., BHEEMANADI VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/STATE : ------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. VELLARIKUNDU POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4525 of 2008 --------------------------------------- Dated this the 22nd day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 448, 427, 506(II) and 308 of IPC. According to the prosecution, the petitioner pelted stones after trespassing into the house of the defacto complainant and caused damages to the window glasses and also criminally intimidated the defacto complainant. The stones would have hit the defacto complainant if he had not evaded the pelting and therefore, a crime is registered under the sections stated above. 3. Learned counsel for the petitioner submitted that the things have transpired in a different way. There were some disputes between the petitioner and the defacto complainant. On 22.6.2008, both of them were called to the police station. Before they reached, more or less near the police station, petitioner was assaulted by the defacto complainant. He immediately informed BA No.4525/08 2 the police about it. But, no action was taken and he came back to the house. Thereafter, the defacto complainant along with Sub Inspector of Police came to the house of the petitioner and enquiries were made about him. His wife stated that since he was available in the house and the police officer showered abuses on his wife. In respect of the said incident, a complaint was lodged by the petitioner's wife before the Circle Inspector of Police. Offended by this, and to shield himself from the complaint filed by the petitioner's wife, a crime is falsely registered against the petitioner deliberately including offence under Section 308 IPC. Admittedly, no injury is caused to the defacto complainant. The petitioner apprehends arrest and also harassment at the hands of the police. Therefore, this petition is filed for anticipatory bail. 4. Learned public prosecutor submitted that as per the allegations in the complaint, the petitioner had trespassed into the house of the defacto complainant and committed various offences. However, he conceded that no injury is caused to the defacto complainant. It is also submitted that it was the defacto complainant who filed a petition before the police relating to BA No.4525/08 3 which both of them called to the police station on 22.6.2008. 5. On hearing both sides, I am satisfied that this is a fit case to grant anticipatory bail to the petitioner. Hence, the following order is passed: Petitioner shall surrender before the Magistrate court concerned and if bail application is filed, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court on condition that he will co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl