IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 5390 of 2008() ----------------------------- CRIME NO.395/08 OF ATTINGAL POLICE STATION PETITIONER/ACCUSED:- ---------------------------------------- MUHAMMED ISMAIL, S/O MUHAMMED MUSTHAPHA, KATTUVILAPUTHEN VEEDU, VANCHIYOOR P.O., ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5390 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 323 and 324 of the Indian Penal Code. According to prosecution, the petitioner trespassed into the house of the de facto complainant and assaulted the inmates of the house, including his mother, wife and son. All of them sustained injuries and they were hospitalised on the same day. The incident occurred at about 6.30 PM. 3. Learned counsel for petitioner submitted that the incident did not occur as alleged. In fact, the petitioner was assaulted while he was going with his child to the hospital on 3.7.2008 at 3 PM. The de facto complainant, his son and another person assaulted the petitioner and he sustained injuries and he was hospitalised, as evidenced by Annexure-B series. He sustained multiple contusions and aberrations and he was discharged only on 8.7.2008. The de facto complainant had enmity towards the petitioner, since he had given a BA.5390/08 2 complaint to the Juma-ath against him regarding theft of a gold chain. There was a settlement and the de facto complainant was asked to give money. Since the money was not paid, again a complaint was given to the Juma-ath and he was offended by the filing of the complaint and hence the assault on the petitioner. 4. This petition is opposed. Learned Public Prosecutor submitted that the incident in this case occurred at 6.30 PM from the house of the de facto complainant. Two ladies in the house, including the aged mother were attacked and they had also sustained injuries. A knife was used and the de facto complainant's son sustained injury on his arm. This happened in the house of the de facto complainant. 5. On hearing both sides, I find that in the nature of the allegations made, it is not fit to grant anticipatory bail. Though a complaint is allegedly made by the petitioner against the de facto complainant and he has allegedly sustained some injuries, those facts alone may not be sufficient to exonerate him from the liability. A mere counter allegation is not a ground to grant anticipatory bail. BA.5390/08 3 6. The incident happened as early as on 3.7.2008 and the petitioner is not available for arrest for the past more than three months. Petitioner is directed to surrender before the investigating officer and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.