IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6827 of 2008() ----------------------------- CRIME NO. 1211/2008 OF KOTTARAKKARA POLICE STATION PETITIONER (S): APPLICANT/ACCUSED ------------------------------------- DEEPUKUMAR.B., AGED 26 YEARS, S/O.BAHURAJAN PILLAI, 'SUBHADRAYAN'THEKKUMPURAM, PUTHOOR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KOTTARAKKARA. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6827 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 452, 427, 324 read with section 149 IPC. According to prosecution, petitioner (A1) along with other accused committed house trespass into house of de facto complainant, assaulted him and also committed mischief in the house. De facto complainant sustained injury, when the broken glass piece struck him. 3. Learned counsel for petitioner submitted that as per the allegations, six persons went to the house and four persons covered their faces with towels. As per the allegations, the other two persons are petitioner and another. There was previous enmity between the parties and if petitioner had wanted to hide his identity he would be the 1st person to conceal his face but de facto complainant would claim that he did not conceal his face. A complaint is given suspecting that petitioner would be the miscreant, since there was previous enmity. Petitioner is innocent of the allegations made. 4. Learned Public Prosecutor submitted that the case diary reveals sufficient materials to implicate petitioner in the offence. It is not correct to say that petitioner is absolutely innocent. His BA 6827/08 -2- involvement is disclosed from the statements of the witnesses collected in investigation. 5. On hearing both sides and on considering the nature of allegations made, I do not find it fit to grant anticipatory bail. The incident occurred as early as on 6-10-2008 and petitioner was not available for investigation. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.