IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2956 of 2010() ----------------------------- CRIME NO.232/10 OF HOSDURG POLICE STATION, KASARAGOD. (S): PETITIONER/ACCUSED NO.4 ------------------------------------------- SHAFEEQUE, AGED 23 YEARS, S/O. ABOOBACKER K.P., AVIYIL HOUSE, P.O.KANHANGAD, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O., HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2956 of 2010 ---------------------------------------------- Dated 25th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 447, 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner (A4) along with three others allegedly trespassed into the property of defacto complainant, wrongfully restrained him and assaulted him using iron rod, cricket bat etc. and inflicted injuries on him. 3. Learned counsel for the petitioner submitted that actually first and second accused were attacked by the defacto complainant and they sustained injuries and they were hospitalized. They were arrested from the spot and they were granted bail. Petitioner is innocent of the allegations made. 4. Learned Public Prosecutor submitted that petitioner is also involved in this case and this is not a fit case to grant anticipatory bail. It is also submitted that charge sheet has been laid. 5. On hearing both sides, I find that though petitioner BA NO.2956/10 2 would assert that first and second accused sustained injuries in the incident etc., there is nothing to support the said assertions. Considering the nature of allegations made in this case, I find that this is not a fit case to grant anticipatory bail. Petitioner also was not able to establish any ground to get anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs