IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Bail Appl..No. 7542 of 2008() ----------------------------- CRIME NO. 313/2008 OF NILESHWAR POLICE STATION PETITIONER/ACCUSED:- -------------------- RAMESHAN V.V., S/O. MADHAVI, VADAKKEVALAPPIL HOUSE, CHIRAPPURAM, PEROLE VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7542 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 452 and 324 IPC. According to prosecution, petitioner committed house trespass into the house of de facto complainant (petitioner's mother's sister) and wrongfully restrained her and assaulted her, by using a chopper. He also assaulted her sister also by using a chopper. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He married a girl against the will and wishes of his family members and they were on enmical terms with him, thereafter. On the date of occurrence, he went to de facto complainant's house and de facto complainant's son and others in the house were offended by his visit. There was a push and pull and de facto complainant's sister fell down and hit against frame of door and she sustained injuries, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner is required for interrogation and recovery of weapon used. Petitioner assaulted none other than his own mother's sister, with a chopper and it is not a fit case to BA 7542/08 -2- grant anticipatory bail. 5. On hearing both sides, considering the nature of allegations made and nature of investigation required, I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened as early as on 16-10-2008 and petitioner is not available for interrogation by the police. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.