IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 7661 of 2008() ----------------------------- CRMP.3492/2008 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.510/2008 OF KOLLAM WEST POLICE STATION) PETITIONER/1ST ACCUSED: ------------------------------------------ MANIKANDAN, AGED 60 YEARS, S/O. AYYAPPAN PERUMAL ACHARI, KUMAPALATHU VEEDU, JAYAN NAGAR (33) PALACE WARD, OLAYIL KOLLAM. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA (CRIME NO.510/2008 SHO, KOLLAM WEST POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH OURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7661 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324, 307, 427, 452 read with section 34 IPC. The crime was registered on the basis of a private complaint under section 156(3) Cr.P.C. against petitioner and others alleging that petitioner, his wife, son and two daughters committed various offences. 3. Learned counsel for petitioner submitted that petitioner's sister and son were given shelter by petitioner when her husband left them when the son was aged only 2 ½ years. They were allowed to reside in a house which belongs to petitioner. Recently, they refused to vacate the house property and hence, a private complaint was filed by petitioner's sister's son, alleging various offences. Though the incident allegedly occurred on 20-7-2008, the complaint was filed only after nine days. De facto complainant did not sustained any injury. 4. Petitioner's mother is residing with petitioner's sister and though allegations are made that they sustained injuries, petitioner's sister had only complaints of pain and petitioner's BA 7661/2008 -2- mother had a contusion and tenderness. No offence under section 307 IPC is involved, but the crime was registered under section 307 IPC, only with a view to harass petitioner, it is submitted. Learned Counsel for the petitioner also submitted that offence under section 452 IPC also will not be attracted, since property belongs to petitioner and he had not made any preparation for commission of any offence and no weapon was used. Co-accused were granted anticipatory bail by the learned Sessions Judge. The injuries are minor and hence. petitioner may be granted anticipatory bail, it is submitted. 5. On hearing both sides and on perusing the records and particularly medical records, I find that it may not be proper to grant anticipatory bail. Considering the nature of allegations, offence involved can be treated as one under sections 323 and 448 IPC in stead of 307 and 452 IPC. There was not use of any weapon in this case. De facto complainant had only complaints of pain on the forehead and also shoulder. Petitioner has not surrendered before the Magistrate Court or police. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate BA 7661/2008 -3- with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. This petition is disposed of accordingly. K.HEMA, JUDGE. mn.