IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Bail Appl..No. 4044 of 2010() ----------------------------- ( CRIME NO.432/2010 OF BALARAMAPURAM POLICE STATION) PETITIONER/IST ACCUSED ------------------------------------------ AJILAL @ GANAPATHI, S/O.AJAYAKUMAR, AGED 27 YEARS, RESIDING AT MELEKAVUVILA VEEDU, ANTHIYOOR, KOTTUKAL VILLAGE, BALARAMAPURAM, THIRUVANANTHAPURAM BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4044 OF 2010 -------------------------------- Dated this the 13th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 427, 506(ii) and 34 of IPC. According to prosecution, on 08/05/2010, at about 10:30 p.m, petitioner (A1) along with second accused committed house trespass into the house of de facto complainant having made preparation for causing hurt to de facto complainant's son and enquired about him and since he was not there, second accused pointed a knife at the neck of de facto complainant and criminally intimidated him and destroyed the glass of the car which was parked in the property and thereby committed various offenses. 3. Learned counsel for petitioner submitted that there was a quarrel between de facto complainant's son and second accused in this case earlier. Hence, a false complaint is lodged against petitioner and second accused. No injury sustained by any person and offence under Section 452 of IPC is not attracted. As per section 452 IPC, there must be preparation for causing hurt, assault or wrongful restraint etc. which is not involved in this case, it is submitted. Second accused died under suspicious circumstances and a crime is registered in respect of the said incident. B.A No.4044 OF 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, petitioners had gone to the house of de facto complainant in search of his son and the second accused was armed with knife and it cannot be said that there was no preparation to cause hurt etc. Offence under Section 452 IPC is clearly attracted in this case, it is submitted. Knife is not so far recovered, it is submitted. 5. On hearing both sides, I am satisfied that only non- bailable offence involved in this case is under Section 452 IPC. On the facts of this case and on reading of Section 452 IPC, I am not satisfied of the submissions made by the petitioner's counsel regarding offence under Section 452 IPC. The allegations made against petitioner are serious in nature and I do not think that this is a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA JUDGE vdv