IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 4634 of 2008() ----------------------------- CRIME NO. 88/2008 OF KUDIYANMALA POLICE STATION PETITIONRES: ACCUSED 1 TO 4: ----------------- 1. SAJI, S/O.KRISHNAN, 45 YEARS, THAIKANDA- THIL HOUSE, ARANGU, TALIPARAMBA, KANNUR. 2. KIRAN, S/O.SAJI, 16 YEARS, THAIKANDATHIL HOUSE, ARANGU,TALIPARAMBA, KANNUR 3. MINI, W/O.SAJI, 40 YEARS, THAIKANDATHIL HOUSE, ARANGU, TALIPARAMBA, KANNUR 4. SREEDEVI, D/O.SAJI, 21 YEARS THAIKANDATHIL HOUSE, ARANGU, TALIPARAMBA, KANNUR. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: ------------- STRATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No.4634 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 452, 354, 323, 324 and 506(ii) IPC. According to the prosecution, on 8-6-2008 at 6.30 a.m. petitioners trespassed into the house of the defacto-complainant and assaulted her. Petitioners 1 and 3 are husband and wife. Petitioners 2 and 4 are their children. 3. Learned counsel for the petitioners submitted that this case is falsely foisted against the petitioners after the 1st petitioner was admitted in the hospital, consequent to an assault by his brother on 8- 6-2008 itself. There was a dispute with respect to a pathway running through the courtyard of his brother's house and the 1st petitioner was going along this way on 8-6-2008 at about 6.30 a.m. He ws proceeding for his work as usual, he being a barber. While so his brother, who is the husband of the defacto-complainant, assaulted him. He was admitted in the hospital on the same day at about 10.15 a.m. as an inpatient. He made a statement to the doctor regarding the assault. 4. But, the police did not take any action in the matter. Later, he was forced to file a private complaint and a crime is now registered against the petitioner's brother after an order passed under section 156(3) Cr.P.C.. After knowing that the 1st petitioner was hospitalized at BA 4634/08 -2- 10.15 a.m. on 8-6-2008, the defacto-complainant who is the sister-in- law of the 1st petitioner gave a complaint to the police after two days i.e., on 10-6-2008 and a crime is now registered against the petitioners and others. First Information Statement is on 10-6-2008. Though the petitioner was treated as an inpatient, no statement was recorded from him and no crime was registered also. But on a statement given by the defacto-complainant, a crime was registered and hence, the petitioners apprehend harassment and unwarranted detention. 5. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on conditions:- 6. Hence, the following order is passed:- Petitioners shall be released on bail, in the event of their arrest, on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that they will make themselves available for interrogation and co-operate with the investigation and report before the Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.