High Court Kerala High Court

Nithin Kumar.G vs State Of Kerala on 19 November, 2008

Kerala High Court
Nithin Kumar.G vs State Of Kerala on 19 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6703 of 2008()


1. NITHIN KUMAR.G,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.C.S.MANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :19/11/2008

 O R D E R
                            K.HEMA, J
                  ==================
                       B.A.No. 6703 of 2008
                  ==================
          Dated this the 19th day of November, 2008.

                             O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 143, 147, 148,

149, 427, 452, 308 of I.P.C. According to prosecution, the first

accused had misappropriated some amounts from the firm of

defacto complainant, while he was working as a Manager in the

establishment. Defacto complainant questioned first accused on

this. Infuriated by this, eleven gundas trespassed into the

establishment and assaulted defacto complainant using chair and

destroyed the articles there and a crime was registered on the

basis of a complaint made by the defacto complainant. Petitioner

is one of such persons.

3. Learned counsel for the petitioner submitted that

petitioner only interfered when there was some quarrel between

first accused and the defacto complainant. But, even according

to prosecution, petitioner was not guilty to any overt acts. It

cannot be said that he committed trespass, since he is an

employee in the firm and he is entitled to be present there, it is

B.A.No. 6703 of 2008 -2-

submitted. The first accused had filed a petition for anticipatory

bail as Bail Application No. 6600 of 2008 and this court made

observation to the effect that the offence committed in this case.

Case will be treated as offence under Sections 448 and 324

I.P.C., instead of Sections 308 and 452 of I.P.C. The same

observation may be made in this case also, it is submitted.

On hearing both sides, on going through the order referred

above, I am satisfied that there is no ground to grant

anticipatory bail. However, for the purpose of bail under Section

437 of Code of Criminal Procedure, the offences involved can be

treated as under Sections 448 and 324 of I.P.C instead of

Sections 452 and 308 I.P.C. It is made clear that this

observation is made only for the purpose of bail.

With this observation, petition is dismissed.

K.HEMA, JUDGE
rhs