IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 279 of 2010()
1. LALU, AGED 26 YEARS,
... Petitioner
2. KISHORE, AGED 28 YEARS,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :31/05/2010
O R D E R
K.HEMA, J
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Bail Application No.279 Of 2010
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Dated this the 31st day of May 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 452, 323, 324,
427, 294(b) and read with Section 34 of the IPC. According to
prosecution, petitioners (A1 and A2) in furtherance of their
common intention trespassed into the house of the de facto
complainant and assaulted her and her husband and also
destroyed articles in the house. First accused used a sword and
the de facto complainant and her husband sustained injuries.
3. Learned counsel for the petitioner submitted that no
incident as alleged had taken place. De facto complainant’s
husband was drunk on the date of occurrence and he was taken to
his house by the petitioners. On reaching house, de facto
complainant did not like it and she alleged that the petitioners
were responsible for making her husband drink. There was
altercation between the two and in the course of the incident, the
de facto complainant sustained some minor injuries. The parties
are relatives.
Bail Application No.279 Of 2010 2
4. This petition is opposed. Learned Public Prosecutor
submitted that the de facto complainant’s husband used to get
drunk and de facto complainant believed that the petitioners were
responsible for the same. This fact was brought to the notice of
the petitioners while they attacked de facto complainant’s
husband and pushed him down into a canal. After this incident,
again, they trespassed into the house of the de facto complainant
through the back door and inflicted injuries and committed
mischief etc.
5. On hearing both sides, considering the serious nature of
the allegation made, nature of the injuries sustained and the
place where the incident happened, I am satisfied that this is not
a fit case to grant anticipatory bail. The counter allegations made
by petitioners are not even probabalised.
Petition is dismissed.
Sd/-
K.HEMA, JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv