IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1350 of 2008() ----------------------------- CRIME NO.43/08 OF KATTAKKADA POLICE STATION PETITIONERS/ACCUSED 3 TO 5 ------------------------------------------- 1. OMANA, D/O.MARY, BIJU BHAVAN, PUNNAMOODU, POOVACHAL. 2. JAINY, D/O.MARY, MOHANAVILASAM, THEVARAKUZHY THADATHARIKATHU VEEDU, POOVACHAL. 3. KRISHNAMMA, D/O.MARY, THEVARAKUZHY, LAKSHAM VEEDU, POOVACHAL P.O., ANACODE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1350 of 2008 ------------------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 3 to 5. Altogether, there are 5 accused persons. On account prior animosity, the accused persons had allegedly trespassed into the residential building of the de facto complainant and had indulged in the acts of violence and mischief. Allegations are raised, inter alia, under Secs.452 and 326 of the IPC. Those are the non-bailable offences alleged in the F.I.R. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. It is prayed that directions under Sec.438 of the Cr.P.C. may be issued in favour of the petitioners. B.A. No. 1350 of 2008 -: 2 :- 3. The learned Public Prosecutor, after taking instructions, submits that the prosecution does not press the allegations under Sec.326 of the IPC against any of the accused persons now. The investigation has revealed that no grievous hurt has been suffered by any one in this crime. But the offence alleged under Sec.452 of the IPC is non-bailable. The petitioner may be directed to surrender before the learned Magistrate and seek regular bail. The available inputs clearly point to the complicity of the petitioners for the offence under Sec.452 of the IPC, submits the learned Public Prosecutor. 4. I take note of the submission of the learned Public Prosecutor that the petitioners do not have to now face any allegation under Sec.326 of the IPC. I am satisfied that this is a fit case where the petitioners must be directed now to surrender before the learned Magistrate and seek regular bail for the offence under Sec.452 of the IPC. 5. This bail application is accordingly dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned B.A. No. 1350 of 2008 -: 3 :- Magistrate must proceed to pass appropriate orders on merits and expeditiously ignoring and eschewing the allegation under Sec.326 of the IPC. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge