IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3929 of 2010() ----------------------------- CRMP.1436/2010 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.639/2010 OF ERAVIPURAM POLICE STATION) PETITIONER/ACCUSED -------------------------------------- 1. SAJITH.C.,AGED 28 YEARS, S/O. CHANDRAN, THACHANKARA VEEDU, SILPA NAGAR 117, AYATHIL P.O. KOLLAM 2. JINEESH S., AGED 23 YEARS, S/O. SREENIVASAN, CHARUVILA VEEDU, SILPA NAGAR 52, AYATHIL P.O., KOLLAM. 3. RATHEESH R., AGED 21 YEARS, S/O. RAMANAN, CHARUVILA VEEDU, SILPA NAGAR 50, AYATHIL P.O., KOLLAM. 4. MANEESH M., AGED 21 YEARS, S/O.MANIKANTAN, MADATHIL VILA, PUNTHALATHAZHAM, ULLAS NAGAR 96, KILIKOLLOOR P.O., KOLLAM. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSEPCTOR OF POLICE, ERAVIPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3929 OF 2010 -------------------------------- Dated this the 1st day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 427, 452 and 34 of IPC. According to prosecution, petitioners (A1 to A4), trespassed into the workshop of de facto complainant and committed mischief by damaging the vehicles parked there on 29/05/2010 at about 12:30 A.M. 3. Learned counsel for petitioners submitted that the only non-bailable offence is under Section 452 of IPC. If petitioners are arrested in this crime, it is likely that they will be remanded, since Section 452 of IPC is included. On the facts of the case, offence under Section 452 of IPC is not attracted since attract the offence under Section 452 of IPC, a person must commit house trespass, having made preparation for causing hurt or assault etc. to any person. In this case, there is no allegation that any such over tact was committed against any person. 4. Learned Public Prosecutor submitted that on the facts of the case, this is not a fit case to grant anticipatory bail. On hearing both sides and on considering the serious nature of allegations made, I am also satisfied that this is not a fit case to grant anticipatory bail. However, I find that petitioners have a strong and B.A No.3929 OF 2010 2 arguable case in respect of involvement of Section 452 of IPC. Therefore, the following order is passed. (1) Petitioners shall surrender before the Investigating Officer within seven days from today. (2) On such surrender, if the petitioners are arrested, offence under Section 452 of IPC will be treated as not included, for the purpose of bail. Petition is disposed of accordingly. K.HEMA JUDGE vdv