IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Bail Appl..No. 4997 of 2008() ----------------------------- CRMP.1781/2008 of DISTRICT COURT, KOTTAYAM (CRIME NO.155/2008 OF RAMAPURAM POLICE STATION) .................... PETITIONER/ ACCUSED: --------------------------- SUBHASH.P.R., PULLICKALEDATHU HOUSE VELLILAPPALLY KARA VELLILAPPALLY VILLAGE,RAMAPURAM BAZAR PO., POTTANICKAL, EDNAD PO. BY ADV. SRI.S.PRASANTH RESPONDENTS/COMPLAINANT: ---------------------------------- 1. S.I. OF POLICE, RAMAPURAM POLICE STATION KOTTAYAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.P.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. -------------------------------- B.A.NO.4997 OF 2008 ---------------------------------- Dated this the 15th day of September, 2008. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452 and 324 of I.P.C and Section 3(1) of Prevention of Destruction of Public Property. According to the prosecution, the petitioner trespassed into the shop of the defacto complainant and assaulted him and caused damage to the articles in the shop and on the basis of a complaint lodged by him, a crime was registered under the above said sections. 3. The Learned counsel for the petitioner submitted that the petitioner had purchased a liquor bottle from the shop of the defacto complainant and there was some altercation between the two in connection with the same and the petitioner was assaulted by the defacto complainant and a crime was registered as Crime No.161/2008 under Sections 324 and 294(b) of I.P.C, on the basis of a complaint lodged by the petitioner herein. The petitioner is absolutely innocent of the allegations made and he has been falsely implicated in the case, it is submitted. 4. The learned Public Prosecutor submitted that the present B.A.NO.4997/08 . 2 crime was registered as Crime No.155/2008 and Crime No.161/2008 was registered much after the registration of this crime. This petition is opposed. 6. In the nature of the allegations made, I am satisfied that this is not a fit case for granting anticipatory bail. It appears that from a liquor shop in respect of purchase of liquor bottle, both sides allegedly assaulted each other. I do not think it fit to grant anticipatory bail in a case of this nature. Petition is dismissed. K. HEMA, JUDGE. cl B.A.NO.4997/08 . 3