IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Bail Appl..No. 6637 of 2008() ------------------------------------ CRIME NO.535/2008 OF CHERPU POLICE STATION .................... APPLICANT/5TH ACCUSED : --------------------------------- T.J.VIJITH, AGED 26 YEARS, S/O. JAYAPRAKASH, THARAYIL HOUSE, PAZHAYIL P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, CHERPU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6637 OF 2008 ------------------------------ Dated this the 31st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 341, 323, 452 read with Section 149 of I.P.C. According to prosecution, petitioner (fifth accused) along with other accused formed into an unlawful assembly committed house trespass into a shed where tiles were stored and assaulted him and voluntarily caused hurt to him, after wrongfully restraining him. The motive is that he refused to give money to accused nos.1 and 2 on demand. 3. Learned counsel for petitioner submitted that petitioner belongs to a respectable family. His name was not in the F.I.R. He is not involved in the offence. Petitioner was included under a mistaken identity. Petitioner used to be in the company of accused nos.1 and 2, all of them being gold smith but he has never joined them to commit any offences. Since petitioner used to be in the company of the other accused he is also included in the array of accused. No weapon B.A.6637 of 2008 2 is used in this offence and offence under Section 452 of I.P.C. is included only to harass the petitioner with a view to see that the accused are remanded. 4. This petition is opposed. Learned Public Prosecutor submitted that accused nos.1 and 2 are involved in other crimes and they have criminal antecedents. The defacto complainant belongs to Bengal and he was assaulted because he refused to give money on demand by accused nos.1 and 2. All accused jointly formed into an unlawful assembly and assaulted defacto complainant while he was at his work place, Maveli Tiles. He could not reveal the identity of the persons who assaulted him. But the proprietor and the workers in the establishment identified the accused and they have given information that the petitioner is also involved. In the nature of allegations, it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of allegations made, I am not inclined to grant anticipatory bail to the petitioner. The incident occurred on 24.08.2008 and the petitioner could not be arrested so far. B.A.6637 of 2008 3 Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. Whether he surrenders or not the respondent is at liberty to arrest petitioner at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE pac