IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 7996 of 2008() ----------------------------- CRMP.2704/2008 of DISTRICT COURT, KASARAGOD .................... (CRIME NO.240/2008 OF RAJAPURAM POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- KOTTARATHIL JOY, AGED 46 YEARS, S/O.KOTTARATHIL ANTONY VARGHESE, RESIDING AT AMBALATHARA, PULLUR VILLAGE AND POST, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE: --------------------------------------- THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 7996 of 2008 ----------------------------------------- Dated this the 11th February, 2009 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 prosecution, petitioner allegedly committed house trespass into the house of de facto complainant, who is the father of petitioner, and allegedly assaulted him using a stick and thereby committed the offences. 3. Learned counsel for petitioner submitted that this is a dispute between father and son and though a settlement is tried, petitioner's brother is standing in the way of settling the issue with the father. Petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's father is aged 84 years and in a case of this nature, it is not proper to grant anticipatory bail. BA.7996/08 2 The crime is registered as early as on 26.11.2008 and the weapon used is not recovered so far. Petitioner is required for investigation. 5. On hearing both sides, considering the nature of allegations made and the nature of investigation required, including recovery of weapon used, I am satisfied that it is not a fit case to grant anticipatory bail. The crime is registered as early as on 28.11.2008 and petitioner is bound to surrender and co-operate with the investigation. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer forthwith and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.