IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4005 of 2010()
1. K.P.ANIL,AGED 38 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP. BY SUB INSPECTOR OF
... Respondent
For Petitioner :SRI.PRADEESH CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :16/07/2010
O R D E R
K.HEMA, J
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B.A No.4005 OF 2010
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Dated this the 16th day of July 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 452, 457, 294(b),
341, 323, 506(1) and 34 of IPC. According to prosecution, on
22/06/2010, at about 8:15 p.m, petitioner(A1), along with two
others committed house trespass into the house of de facto
complainant, who is a panchayat secretary, and wrongfully
restrained, criminally intimidated and assaulted him, using hands
and thereby committed various offences.
3. Learned counsel for petitioner submitted that petitioner is
a member of CPI and he is working as a standing committee
Chairman of the Grama Panchayat. No incident as alleged had
taken place. De facto complainant called petitioner in his mobile
phone on several times, and he had gone to his house to ascertain
why he was called. But, a false case is foisted against him, only to
see that he did not take part in the election which was to be held
on 25/06/2010. Annexure A1 will show that an election was
scheduled on 25/06/2010.
4. Learned Public Prosecutor submitted that the case diary
reveals that there was some altercation between de facto
complainant and petitioner, and de facto complainant was beaten
B.A No.4005 OF 2010 2
up at his house.
6. On hearing both sides, I do not think that there is any
ground to grant anticipatory bail. Petitioner has not made out
any exceptional circumstance which will persuade me to grant
anticipatory bail. Though his innocence is asserted, there are
no materials or circumstances to support the same.
Petition is dismissed.
K.HEMA
JUDGE
vdv