IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Bail Appl..No. 7169 of 2008() ----------------------------- CRIME NO.613/2008 OF VADAKKEKAD POLICE STATION PETITIONER (S): -------------------- ABDUL HASSAN @ MAMMI AGED 47 YEARS, S/O.BEERAVU HAJI, PULIKKAPARAMBIL HOUSE, VADAKKEKAD PO, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE VADAKKEKAD, POLICE STATION, VADAKKEKAD, THRISSUR DIST. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7169 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 452, 323, 427, 506(ii) IPC. According to prosecution, petitioner was working as a Manager in an establishment run by de facto complainant. He was terminated from service, since he was a drunkard and he was creating problems. Infuriated by the termination, petitioner allegedly committed house trespass into the house of de facto complainant and assaulted him. He also hit at the gate of de facto complainant's house using his car and caused damage. He also damaged water pipe by using iron pipe and also criminally intimidated de facto complainant. 3. Learned counsel for petitioner submitted that offence under section 452 IPC will not be attracted, since petitioner entered only into the veranda of the house and not inside the house. It is submitted that petitioner and de facto complainant are first cousins and de facto complainant owes some money to petitioner. It is also submitted that no injury is caused to de facto complainant and hence, anticipatory bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that there is a clear case of house trespass. Petitioner BA 7169/08 -2- has made preparation to commit offences. He caused damage to the articles in the house by using iron pipe. He used his car for causing damage. He also assaulted de facto complainant and others and they were injured. Petitioner is required for interrogation for recovery of the materials objects. 5. On hearing both sides, considering the nature of allegations made and nature of investigation required, I do not think it fit to grant anticipatory bail. I am not satisfied of any of the grounds stated by petitioner to invoke the power under section 438 Cr.P.C. to grant anticipatory bail. Petitioner's interrogation is essential. Crime was registered as early as on 181-10-2007 and petitioner was not available for investigation. Hence, petitioner is directed to surrender 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.