IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 2498 of 2010() ----------------------------- (CRIME NO.96/2010 OF AMBALATHARA POLICE STATION) PETITIONERS/ACCUSED 1 AND 2 ----------------------------------------------- 1. SREERAG, RESIDING AT PERINGAYA, KALLAR VILLAGE, KASARAGOD DISTRICT. 2. REGESH, RESIDING AT PERINGAYA, KALLAR VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. AMBALATHARA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2498 OF 2010 -------------------------------- Dated this the 27th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 341, 323 r/w 34 IPC. According to prosecution, on 20/03/2010, at about 9 a.m, petitioners (A1 and A2), in furtherance of common intention, committed house trespass into the house of de facto complainant, wrongfully restrained him and assaulted him. 3. Learned counsel for petitioner submitted that de facto complainant's brother and others attacked petitioners herein at a place lying within the limits of Bakel police station and a crime was registered as crime No.199/2010 against de facto complainant and his brother who are gundas. No offence under Section 452 will be attracted in this case, since allegations to attract the said offence are missing in the FIS and documents. The said offence is included only for refusing bail to petitioner, it is submitted. The only non- bailable offence is under Section 452 IPC, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations in the complaint, petitioners had trespassed into the house of de facto complainant and the incident happened inside the house. It is true that the only non-bailable offence alleged in this case is under Section 452 IPC. B.A No.2498 OF 2010 2 5. On hearing both sides, I did not think that petitioner has made out any ground for getting anticipatory bail. Only because the de facto complainant or his brother attacked petitioners within the limits of any police station, anticipatory bail cannot be granted. However, it appears that petitioner has a strong and arguable case in respect of involvement of Section 452 IPC. Hence the following order is passed. (1) Petitioners shall surrender before the Investigating Officer within 7 days from today and co-operate with investigation. (2) On such surrender, if the petitioners are arrested, offence involved in this case will be treated as one under Section 448 IPC instead of Section 452 IPC. Petition is disposed of accordingly. K.HEMA JUDGE vdv