IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4481 of 2008()
1. ANTO, AGED 39 YEARS, S/O THOMAS,
... Petitioner
2. WILSON, AGED 35 YEARS, S/O THOMAS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :25/07/2008
O R D E R
K. HEMA, J.
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B.A.No. 4481 of 2008
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Dated this the 25th day of July, 2008
O R D E R
Application for anticipatory bail.
2. The alleged offences are under sections 452, 294B, 323, 354 and
427 read with section 34 IPC . According to the prosecution, petitioners
who are father and children trespassed into the house of the defacto-
complainant, abused him and his wife. 1st accused assaulted him, caused
damage to the articles and financial loss to him. The 3rd accused was
standing on the sitout of the house of the defacto-complainant and he
abused the defacto-complainant and his wife.
3. Learned counsel for the petitioners submitted that there was an
altercation between the parties in connection with another incident. The 2nd
accused was constructing a house and he wanted construction materials to
be carried through the defacto-complainant’s property, to which, he was not
agreeable. Therefore, some wordy altercation occurred and motivated by
this, the present crime is registered on the basis of false allegations, it is
submitted.
BA 4481/2008 -2-
4. This application is opposed. It is pointed out by learned Public
Prosecutor that the Sessions Court considered the bail application filed by
the petitioners and 3rd accused and anticipatory bail was granted only to the
3rd accused.
5. On hearing both sides and on going through the order of the
learned Sessions Judge, I find that the learned Sessions Judge granted
anticipatory bail to accused No.3, taking into consideration the limited
nature of his involvement, but anticipatory bail was refused to the
petitioners. I do not find any reason to take a different view. Hence, I am
not inclined to grant anticipatory bail to the petitioners.
The application is dismissed.
K. HEMA, JUDGE.
mn.