IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4764 of 2008() ----------------------------- (CRIME NO.208/08 OF PERINGONE POLCIE STATION) PETITIONER/ACCUSED ----------------------------------- SHARAFUDHEEN.K., AGED 30 YEARS, S/O.LATE HAMED, KANNUKARATHI HOUSE, VAYAKKARAA AMSOM, DESOM, P.O.PADIYOTTUCHAL, THALIPARAMBA, KANNUR. BY ADV. SRI.NISHIN GEORGE VIJAYABABU RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, KANNUR. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4764 of 2008 ----------------------------------------------- Dated this the 30th day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 452, 324, 427 and 294(b) of Indian Penal Code. According to prosecution, on 27.6.2008 at 2.30 p.m., the petitioner trespassed into the house of de facto complainant and abused him in filthy language and assaulted him. Wooden sticks and stones were used for committing the offence. Petitioner also caused damage to the household articles and window glasses. 3. Learned counsel for the petitioner submitted that there was a civil dispute between the petitioner's grandmother and family members of de facto complainant. In connection with the same, the petitioner's mother went to the police station and gave a complaint, which was crumbled and thrown away by the Sub Inspector and hence she gave a complaint before the Superintendent of Police as Annexure-4. After this complaint, the police was taking an adverse attitude towards the petitioner. The petitioner is absolutely innocent of the allegation made. No weapons were used for committing the [B.A.No.4764/08] 2 offence. The matter was once taken up before the Women's Commission and it was settled and the petitioner's family re-possessed the 5 cents of land which was illegally obtained by the de facto complainant. Thereafter, this complaint is filed because of the vengeance. 4. Learned Public Prosecutor submitted that the petitioner may be directed to report before the investigating officer and subject that anticipatory bail can be granted. I am satisfied that petitioner can be granted anticipatory bail on conditions. Hence, the following order is passed: i) Petitioner shall surrender before the investigating officer within 7 days from today and he shall co-operate with the investigation and make himself available for interrogation. ii) Thereafter, in the event of arrest of the petitioner, if any, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on condition that he will co-operate with the investigation and appear before the investigating officer as and when directed. Petition is allowed. K. HEMA, JUDGE. Krs.