IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3556 of 2010()
1. BALAKRISHNAN, S/O.KELAMALLI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 3556 of 2010
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Dated this the 20th day of July, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 452, 323,
354 and 294(b) read with Section 34 of the Indian Penal Code.
According to prosecution, petitioner(A2) along with two others
committed house trespass into the house of de facto complainant
and assaulted him and his sister and also abused in filthy
language and thereby committed the various offences.
3. Learned counsel for petitioner submitted that accused
nos.1 and 2 are brothers. De facto complainant is the son of the
another brother(he is no more). Third accused is the son of A1.
On knowing that de facto complainant’s sister is in love with a
boy, petitioner had gone to the house of de facto complainant to
warn her and mend her way. At that time, first accused attacked
de facto complainant, by using a stick and he sustained a
fracture. Petitioner herein did not assault de facto complainant or
anybody. He has not used any weapons and he is working in SBI
as a security after the retirement from army. No injury is
B.A. No. 3556 / 2010 2
sustained by de facto complainant in the incident.
4. This petition is opposed. Learned Public Prosecutor
submitted that the incident happened in the house of de facto
complainant where he was residing with his mother and sister.
His paternal uncle quarrelled with his mother and sister on
account of some property dispute. A few days prior to the
incident, they had come to the house and quarrelled with mother
and sister. On the date of occurrence also, on account of the
property dispute all the three accused came to the house, pushed
open the door, and also pushed his mother and pulled her
blouse.
5. On seeing this, de facto complainant pushed first
accused, who inflicted injuries on his head by hitting with a
stone. His sister intervened while second accused abused her and
beat her also. De facto complainant also came in between and he
was beaten with reaper. The neighbours came running, while the
accused left the place. De facto complainant had an injury on
the head and the injury is noted by the doctor. As per the F.I.
Statement and he had serious injuries on the head.
B.A. No. 3556 / 2010 3
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
anticipatory bail. There is nothing on record to show that de facto
complainant is the aggressor. There is no case for petitioner that
petitioners are residing in the de facto complainant’s house.
Petitioner is bound to surrender and co-operate with the
investigation.
No further application for anticipatory
bail by petitioner in this crime will be
entertained by this court hereafter.
This petition is dismissed.
K. HEMA, JUDGE
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