IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5607 of 2008() ------------------------------------ CRIME NO.1131/2008 OF N.PARAVUR POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- SUNIL ,AGED 34 YEARS, S/O KARUNAKARAN, KAYALNIKATH,KOTTUVALLY, N.PARAVUR. BY ADV. SRI.M.K.FAISAL RESPONDENT/STATE & COMPLAINANT : ------------------------------------------------- STATE OF KERALA REP. BY SUB INSPECTOR, OF POLICE, N. PARAVUR,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5607 OF 2008 ------------------------------ Dated this the 17th 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 the Indian Penal Code. According to the prosecution, on 26.07.2008, at about 6.30 p.m., there was a quarrel between the petitioner and the defacto complainant's husband, who work together. Thereafter, motivated by the enmity, the petitioner allegedly committed house trespass into the house of the defacto complainant and assaulted her, using hammer on the head and she sustained injuries. 3. Learned counsel for the petitioner submitted that the petitioner and the defacto complainant's husband are coolies. There was some altercation between them and the defacto complainant intervened and in the course of the same, some minor injury is sustained, but nothing as alleged, had taken place. No house trespass is committed, hence anticipatory bail may be granted. B.A.5607 of 2008 2 4. Learned Public Prosecutor submitted that the quarrel referred to by petitioner took place at about 6.30 p.m. and the present incident happened subsequently at 8.30 p.m. on the same day. It was after the first incident that the petitioner committed house trespass and assaulted the injured by using a hammer on the head and she sustained injuries. There are two incidents, and it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, on considering the nature of allegations made, I am not inclined to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac