IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7257 of 2008() ----------------------------- CRIME NO.537/08 OF POOYAPPALLY POLICE STATION PETITIONERS/ACCUSED A1 TO A3 ------------------------------------------------ 1. PRINCE, S/O.PRABHAKARAN, PRINCE BHAVAN, KAYILA MURI, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 2. AJAYAKUMAR, S/O.VISWAMBHARAN, KULATHOORAZHIKATHU VEEDU, KALAPPILA, CHEPRA (P.O), ODANAVATTOM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 3. ANILKUMAR, S/O.PRABHAKARAN, PRINCE BHAVAN, KAYILA MURI, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7257 of 2008 ----------------------------------------- Dated this the 4th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 452, 323, 324 and 427 of the Indian Penal Code. According to prosecution, petitioners (accused 1 to 3), along with six other persons committed house trespass into the house of de facto complainant and armed with deadly weapons assaulted de facto complainant and his sister and they sustained injuries. Motive for the crime is that the accused abused a woman in the locality. 3. Learned counsel for petitioners submitted that de facto complainant had used obscene language against a woman in the locality and people of the locality assaulted de facto complainant. But petitioners have not committed any offence and they have not committed house trespass. The allegation of house trespass is false, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there was a definite motive for the accused to commit the offence. Petitioners' names are mentioned in the FIR itself. They have assaulted not only the de facto complainant, but his sister also and both of them sustained injuries. They were BA.7257/08 2 hospitalised also. They have also used sticks for commission of the offence. It is submitted that first accused is involved in other crimes also on similar nature and it is not a fit case. On hearing both sides, I am not satisfied that considering the nature of allegations made and the nature of the investigation required, it is a fit case to grant anticipatory bail. The incident happened as early as on 2.11.2008 and petitioners are bound to surrender before the investigating officer without any delay and co- operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. This petition is dismissed. K.HEMA, JUDGE vgs.