IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7156 of 2008(B) ------------------------------------- CRIME NO.293/2008 OF VANDANMEDU POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. MANI, S/O.RANGANATHAN BARATH ILLAM,PUTHUPARAMBU COLONY PAMPAPARA P.O.,VANDANMEDU,IDUKKI DIST. 2. SARAVANAM, S/O.RANGANATHAN BARATH ILLAM,PUTHUPARAMBU COLONY PAMPAPARA P.O.,VANDANMEDU,IDUKKI DIST. 3. KALIDAS, S/O.SIVARAJ PUTHUPARAMPU COLONY, PAMPURA.P.O.,VANDANMEDU IDUKKI DISTRICT BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7156 OF 2008 -------------------------------- Dated this the 6th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 324, 427 read with 34 of I.P.C. According to prosecution, petitioners (accused nos.1 to 3) committed house trespass into the house of the defacto complainant and assaulted her by using sticks etc. They also committed mischief by breaking the glass of a motor cycle in furtherance of common intention. 3. According to learned counsel for petitioners, the incident did not occur, as alleged. The defacto complainant and 2 sons assaulted first petitioner's brother on the same day and a crime was registered as crime No.292/2008 and this crime is registered as a counter blast to the same. It is also submitted that the offence was not committed inside the house. 4. This petition is opposed. Learned Public Prosecutor submitted that the defacto complainant is a woman and she had sustained injury and the allegation is that house trespass was committed and an attack was made at her house. It is not a fit case to grant anticipatory bail, it is submitted. It is also B.A.No.7156 of 2008 2 submitted that there is a difference of half an hour between the time of the two incidents alleged in crime Nos.292 and 293/2008 and it appears that these are two different incidents. On hearing both sides, I find that prima facie at this stage, it is not possible to come to a conclusion that both the incidents have taken place at the same place or that it was not inside the house, as contended. In a case of this nature, where there is a house trespass and assault on the inmates of the house that too using weapon, I am not inclined to grant anticipatory bail. Petitioners are required for interrogation and investigation and hence, the following order is passed : i) Petitioners shall surrender before the investigating officer or before the court concerned forthwith and co-operate with the investigation. ii) No further application for anticipatory bail by petitioners in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac