IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Bail Appl..No. 7940 of 2008(B) ------------------------------------- CRIME NO.512/2008 OF PARIPPALLY POLICE STATION PETITIONERS/ACCUSED 1 & 2 : -------------------------------------- 1. SAJEEV, AGED 36 YEARS, S/O. SADANANDAN, SAJEEV MANDIRIAM, EZHIPPURAM, PARIPPALLY. 2. DILEEP, S/O.RADHAKRISHNAN, AGED 35 YEARS PRADEEP MANDIRAM, EZHIPPURAM, PARIPPALLY. BY ADV. SRI. K.SIJU RESPONDENT : ----------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7940 OF 2008 -------------------------------- Dated this the 4th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 341, 323, 324 and 34 of I.P.C. According to prosecution, petitioners (accused nos.1 and 2) in furtherance of common intention committed house trespass into a hospital and wrongfully restrained the defacto complainant and also assaulted him using glass piece and stone and committed the offences. 3. Learned counsel for petitioners submitted that offence under Section 452 I.P.C. will not be attracted, since defacto complainant has nothing to do with the possession of the hospital, where the incident happened. The hospital authorities have not made any complaint and defacto complainant has no connection with the hospital. The only non bailable offence alleged is under Section 452 I.P.C. and hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the defacto complainant was attacked from the B.A.No.7940 of 2008 2 courtyard of the hospital first and when he ran, to escape from petitioners' clutches, they chased him. The defacto complainant entered room No.101 in the hospital and closed it for rescuing himself, but petitioners broke open the room by force, and again assaulted him by using glass piece and stone. The matter is being investigated into and whether the hospital authorities are aggrieved or not is yet to be found out. Therefore, it cannot be said at this stage that no offence under Section 452 I.P.C. is attracted etc. On hearing both sides, considering the serious nature of allegations made and also taking into account the nature of the place where the offence was committed, I do not find that this is a fit case to grant anticipatory bail. At this stage of investigation, it cannot be said that whether offence under Section 452 I.P.C. is attracted or not, without ascertaining whether the hospital authorities have any grievance against the offence committed. The crime is registered as early as on 13.12.2008 and petitioners are required for investigation. Hence, the following order is passed : B.A.No.7940 of 2008 3 Petitioners shall surrender before the investigating officer or before the Magistrate court concerned and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac