IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4383 of 2008()
1. THAMPI.T.N,S/O.KUNJUKUTTY, THADATHIL
... Petitioner
2. SREEJITH, S/O.GOPI, THADATHIL HOUSE,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.ABRAHAM SAMSON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/07/2008
O R D E R
K. HEMA, J.
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B.A.No. 4383 of 2008
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Dated this the 10th day of July, 2008
O R D E R
Application for anticipatory bail.
2. The alleged offences are under sections 447, 323, 324 and 326
read with section 34 IPC . According to the prosecution, the petitioners
trespassed into the property of the defacto-complainant, assaulted him by
using stick and stones and when one lady intervened, she was also
assaulted and both of them got injured. Grievous injury was sustained by
the intervenor, who lost her teeth.
3. Learned counsel for the petitioners submitted that the allegations
are false. The petitioners are residents of the colony situated in 75 cents of
property. In connection with cremation of a dead body, there was some
dispute and some incident happened at the spur of the moment and there is
no intentional act, it is submitted.
4. This application is opposed. Learned Public Prosecutor
submitted that the defacto-complainant sustained serious injury due to the
act of the petitioners. Weapons are also used and those are not recovered.
BA 4383/08 -2-
The interrogation of the petitioners is required for the purpose of
investigation.
5. On hearing both sides I am satisfied that this is not a fit case to
grant anticipatory bail, especially since the petitioners are required for
interrogation and recovery of weapons.
The application is dismissed.
K. HEMA, JUDGE.
mn.