IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 7230 of 2008(C) ------------------------------------- CRIME NO.1201/2008 OF KOTTARAKKARA POLICE STATION PETITIONER/ACCUSED : ----------------------------- SIBI, S/O. JOY, ASWATHY BHAVAN, MYLAMKULAM MURI, PUTHOOR, KOTTARAKKARA,KOLLAM DIST. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7230 OF 2008 ---------------------------------- Dated this the 30th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 324, 294(b) and 506(2) of I.P.C. According to prosecution, petitioner committed house trespass into the house of the defacto complainant and assaulted her and abused her in obscene language and committed the offences. This was on 04.10.2008 at about 6 p.m. 3. Learned counsel for petitioner submitted that the incident occurred actually on 03.10.2008 in the night and it is not as alleged by defacto complainant. On 03.10.2008 in the night, the defacto complainant and her mother and others assaulted petitioner's father and he sustained serious injury on the face and he was hospitalised. This complaint is given as a counter blast to the same, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there are two incidents, one on, 03.10.2008 and the other on 04.10.2008. The present case is in respect of the incident which took place on 04.10.2008. The motive for the B.A.No.7230 of 2008 2 commission of the offences on 04.10.2008 is the incident which occurred on the previous day. Father of the petitioner trespassed into the defacto complainant's house and he assaulted defacto complainant's mother and sister and they sustained injuries and they were admitted in the hospital also. On the belief that a case might be lodged against petitioner's father, petitioner trespassed into the house of the defacto complainant and committed the offences alleged in this case. It is not correct to say that both the incident occurred on the same day, it is submitted. On hearing both sides, considering the nature of allegations made, I am not inclined to grant anticipatory bail to petitioner. Petitioner is directed to surrender before the Investigating Officer or before the Magistrate concerned and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac