IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5854 of 2008() ----------------------------- (CRIME NO.535/08 OF CHERPU POLICE STATION, THRISSUR) PETITIONER/3RD ACCUSED --------------------------------------- ANIRUDHAN K.A., S/O. ANIYANKUTTY, AGED 25 YEARS, KUTTATH HOUSE, PAZHAYI P.O., MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.C.A.CHACKO RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTING S.I. OF POLICE, CHERPU, THRISSUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No.5854 of 2008 ------------------------------------------------ Dated this the 16th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 341, 323, 452 and 149 of Indian Penal Code. According to prosecution, the petitioner, accused who is the 3rd accused, along with other accused allegedly committed house trespass into the shed attached to a tile factory of de facto complainant and assaulted him and wrongfully restrained him. 3. Learned counsel for the petitioner submitted that the petitioner is not involved in the offence. He is falsely implicated due to a mistaken identity. It is also submitted that offence under Section 452 IPC is not attracted. The petitioner has not committed any overt act, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner's involvement is revealed in the investigation. He has allegedly assaulted the de facto complainant, by beating with hands. He was also present along [B.A.5854/08] 2 with other accused at the spot. Accused 1 and 2 were arrested. Accused 1 and 2 demanded money and the de facto complainant refused to give the same. Petitioner's involvement is revealed on questioning the accused as well as the witnesses, it is submitted. On hearing both sides, taking into consideration the nature of the allegations made and nature of the investigation required, I do not find it to grant anticipatory bail to the petitioner. Petition is dismissed. K. HEMA, JUDGE. Krs.