IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 4309 of 2008() ----------------------------- CRIME NO. 311/2008 OF KONNI POLICE STATION PETITIONER ------------------------------ ANISH, AGED 28, S/O. AMBILY, VAZHAMUTTOM MURI, MALLASSERY, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLIANANT --------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4309 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 452, 324, 354 read with section 34 IPC. According to prosecution, on 21-5-2008 at about 8.30 p.m. accused nos. 1 and 2 committed house trespass into the building of defacto-complainant. The 1st accused assaulted defacto-complainant's husband with a torch and thereafter, when defacto-complainant intervened, he caught hold of her and assaulted her with torch and inflicted injuries. The 2nd accused also assaulted defacto-complainant's husband and caught hold of defacto-complainant. Petitioner is the 1st accused. 3. Learned counsel for petitioner submitted that petitioner is the friend and driver of the autorickshaw owned by the defacto- complainant's husband. There was some dispute between him and defacto-complainant's husband, and a false case was foisted against petitioner, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that defacto-complainant's husband is the owner of a goods autorickshaw and petitioner insisted that the autorickshaw must be given to him for carrying goods. This was refused by defacto-complainant's husband and hence he along with another committed house trespass and assaulted defacto-complainant and BA 4309/08 -2- her husband by using weapons and defacto-complainant and her husband were hospitalized. The weapons are not so far recovered. 5. On hearing both sides, I find that the incident occurred as early as in May, 2008 and till now in September, 2008, even after expiry of four months, petitioner could not be arrested and recovery could not be effected. In the nature of the allegations made against petitioner and taking into consideration the nature of investigation required, for which the interrogation of petitioner will be required, I do not think it fit to grant anticipatory bail. 6. Petitioner shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation. This petition is dismissed. K.HEMA, JUDGE. mn.