IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Bail Appl..No. 4005 of 2010() ----------------------------- (CRIME NO.238/2010 OF RAJAKAD POLICE STATION, IDUKI) PETITIONER/ACCUSED NO.1 ------------------------------------------- K.P.ANIL,AGED 38 YEARS, S/O.PEETHAMBARAN, KAILAS,RAJAKAD, IDUKKI DISTRICT(NOW WORKING AS STANDING COMMITTEE CHAIRMAN OF RAJAKAD GRAMA PANCHAYAT). BY ADV. SRI.PRADEESH CHACKO RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, RAJAKKAD POLICE STATION REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4005 OF 2010 -------------------------------- Dated this the 16th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 457, 294(b), 341, 323, 506(1) and 34 of IPC. According to prosecution, on 22/06/2010, at about 8:15 p.m, petitioner(A1), along with two others committed house trespass into the house of de facto complainant, who is a panchayat secretary, and wrongfully restrained, criminally intimidated and assaulted him, using hands and thereby committed various offences. 3. Learned counsel for petitioner submitted that petitioner is a member of CPI and he is working as a standing committee Chairman of the Grama Panchayat. No incident as alleged had taken place. De facto complainant called petitioner in his mobile phone on several times, and he had gone to his house to ascertain why he was called. But, a false case is foisted against him, only to see that he did not take part in the election which was to be held on 25/06/2010. Annexure A1 will show that an election was scheduled on 25/06/2010. 4. Learned Public Prosecutor submitted that the case diary reveals that there was some altercation between de facto complainant and petitioner, and de facto complainant was beaten B.A No.4005 OF 2010 2 up at his house. 6. On hearing both sides, I do not think that there is any ground to grant anticipatory bail. Petitioner has not made out any exceptional circumstance which will persuade me to grant anticipatory bail. Though his innocence is asserted, there are no materials or circumstances to support the same. Petition is dismissed. K.HEMA JUDGE vdv