IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4202 of 2008(A) ----------------------------------------- CRIME NO.203/2008 OF ENATHU POLICE STATION PETITIONER/ACCUSED : ---------------------------------- PREMJITH, 28 YEARS, S/O.GOPINADHAN NAIR RADHA SADANAM, KUNNIDA MURI, ENADIMANGALAM, ADOOR, BY ADV. SRI.M.T.SURESH KUMAR SRI.V.V.RAJA RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4202 of 2008 --------------------------------------- Dated this the 23rd day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 294(b) of IPC and Section 3(1)(xi) of SC/ST (PA) Act. According to the prosecution, the petitioner allegedly assaulted the defacto complainant and abused in obscene language and committed offence under Section 3(1)(xi) of SC/ST (PA) Act also. 3. Learned counsel for the petitioner submitted that there was an incident on 3.6.2008, wherein, the petitioner's mother was assaulted by the defacto complainant. She was hospitalised as evidenced by AnnexureA1 wherein an allegation of assault and myolgia were recorded. But, on knowing that the petitioner's mother is hospitalised, the defacto complainant filed a complaint at a belated stage on 7.6.2008, only with a view to shield herself from the criminal prosecution at the instance of the petitioner's mother. The petitioner is totally innocent of the allegations made, it is submitted. BA No.4202/08 2 4. This petition is opposed. Learned public prosecutor submitted that the defacto complainant was injured and she was hospitalised and the body note will reveal that she had some injuries also. The motive for the crime is that the defacto complainant asked the petitioner's mother to return the money and there was a quarrel on account of this. 5. On hearing both sides, I find that the petitioner is not able to substantiate the plea of innocence at this stage. Hence, in an offence of this nature, I am not inclined to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl