IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6847 of 2008() ----------------------------- CRIME NO.418/08 OF VIZHINJAM POLICE STATION PETITIONER -------------------- REJI, S/O.SADASIVAN, VARUTHATTU VEEDU, PULIYOORKONAM, PAYATTUVILA PO., NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6847 of 2008 ----------------------------------------- Dated this the 17th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452 and 324 of the Indian Penal Code. According to prosecution, on 24.9.2008, petitioner committed house trespass to the shop of de facto complainant with a stick and inflicted injury on him. Petitioner has committed the offences because de facto complainant advised him not to harass a lady staff of complainant's hotel. 3. Learned counsel for petitioner submitted that the incident did not take place as alleged at all. According to him, petitioner and the lady staff are neighbours and on the particular day, while petitioner reached in front of the de facto complainant's shop, the lady staff came to him and complained that petitioner sexually harassed him. On seeing this, de facto complainant came there with a stick and assaulted petitioner. There was a push and pull, but petitioner did not commit the offences as alleged, it is submitted. 4. Learned Public Prosecutor opposed this bail application and argued that de facto complainant had sustained a lacerated wound on the head and also abrasion on the knee. A wooden stick BA.6847/08 2 was also used, which was not recovered, since petitioner was not available for investigation. Even prior to the filing of this petition , a charge sheet was laid against him before the Magistrate Court concerned and on the facts of this case, it may not be proper to grant anticipatory bail, it is submitted. 5. On hearing both sides, in all probabilities, warrant would have been issued, since charge sheet was filed showing accused as absconding accused. If petitioner was not actually absconding, he may convince the Magistrate Court on his surrender before the Court and on his filing application for bail. Petitioner is at liberty to raise same contentions before the Magistrate Court and those shall be considered and disposed of on merit by the learned Magistrate. Taking into consideration the nature of allegations made, I am not inclined to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE vgs.