IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2758 of 2010()
1. ANIL, AGED 37, S/O. GOPALAKRISHNAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.ANILKUMAR K.N.PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/06/2010
O R D E R
K.HEMA, J
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B.A No.2758 OF 2010
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Dated this the 23rd day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 294(b), 324 and
452 of IPC. According to prosecution, on 24/03/2010, at about
5:30 p.m, petitioner trespassed into the house of de facto
complainant with a stone and uttered obscene words and hit
de facto complainant with the stone and inflicted injuries on him.
3. Learned counsel for petitioner submitted that while
petitioner was walking along the road, de facto complainant’s son,
an Excise Guard, came on the way and there was a quarrel
between them. A stone was thrown and it hit against de facto
complainant. But, no incident happened inside the house.
Offence under Section 452 is not committed and that is the only
non-bailable offence alleged in this case.
4. Learned Public Prosecutor submitted that petitioner has
appeared before the Investigating Officer, as directed by this
court and he was interrogated. He reported no objection in
granting anticipatory bail to petitioner.
6. On hearing both sides, considering the serious nature of
the allegations made, I do not think that this is a fit case to grant
B.A No.2758 OF 2010 2
anticipatory bail. But, I am satisfied that petitioner has definite
defence regarding involvement of Section 452 of IPC and it can be
established only during trial. If anticipatory bail is refused it is
likely that it will result in miscarriage of justice. In such
circumstances, I pass the following order.
(1) Prayer for anticipatory bail by petitioner is
rejected.
(2) Petitioner shall surrender before the Investigating
Officer concerned within seven days from today.
(3) On such surrender, if the petitioner is arrested,
offence under Section 452 of IPC will be treated
as not included for the purpose of bail.
Petition is disposed of accordingly.
K.HEMA
JUDGE
vdv