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. 4383 of 2010() ----------------------------- (CRIME NO.306/2010 OF PAVARATTY POLICE STATION, THRISSUR) PETITIONER ------------------------------ ABDUL SALAM, AGED 35 YEARS, S/O.MOITHUTTY, PUTHUVEETTIL KANICHIYI, PADOOR P.O., VENKITANGU VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.C.A.ANOOP SRI.C.P.SUDARSAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR 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.4383 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, 324 and 506(i) of IPC. According to prosecution, on 05/06/2010 at 8:30 p.m, petitioner trespassed into a Madrassa and attacked a teacher, after wrongfully restraining him. A stick was used for beating him. The motive was that petitioner's child was directed not to enter the class, since he did not bring the progress card signed by the parents. 3. Learned counsel for petitioner submitted that no such incident as alleged had taken place. No injury was sustained by de facto complainant and no weapon was used in this case. There was some quarrel between the accused and de facto complainant, since his child was sent out of the class. But, to harass petitioner, offence under Section 452 and 324 IPC are included. The matter was settled between the parties through the intervention of Juma-ath committee and the compromise is Annexure A1. The incident is of a trivial nature and hence, petitioner may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that as per the wound certificate, no external injury was sustained by petitioner though a stick was allegedly used. It is also submitted that the stick was taken B.A No.4383 OF 2010 2 from the class room of the Madrassa itself. He had not carried the stick while coming to the Madrassa. It is also submitted that this is a case where a parent assaulted a teacher for a simple reason that his child was not allowed to enter the class, without getting the progress card signed. 5. On hearing both sides and going through the case diary and wound certificate, it appears that no weapon was used for committing the offence. There was no external injury on de facto complainant. He also did not have even complaints of pain, though a stick was allegedly used for assaulting him. In the above circumstances, on the facts of the case, it appears that petitioner has a strong and arguable case in respect of offcence under Section 452 and 324 IPC. However, considering the nature of the allegations made, the circumstances under which the incident happened, the place at which it occurred, the fact that this case involves an assault by a parent on a teacher, I do not think that this is a fit case to grant anticipatory bail. However, taking into account various facts discussed above, in the interest of justice, the following order is passed. (1) Petitioner shall surrender before the Investigating Officer or Magistrate Court concerned within 10 days from today. (2) On such surrender, offence under Section 452 IPC will be treated as not included, for the purpose of bail. Petition is disposed of accordingly. vdv K.HEMA, JUDGE