IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1085 of 2010()
1. KRISHNA KUMAR @ VISWAMBARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :15/06/2010
O R D E R
K.HEMA, J.
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Bail Application No.1085 of 2010
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Dated 15th June, 2010.
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 144,
147, 148, 427, 452 and 324 read with Section 149 of the Indian
Penal Code. According to prosecution, petitioner along with other
accused formed into an unlawful assembly and committed house-
trespass into the house of the defacto complainant on 2.1.2010 at
about 12 p.m. and assaulted defacto complainant with sticks etc.
Mischief was also committed.
3. Learned counsel for petitioner submitted that there
is a civil dispute between defacto complainant and one
Pushparajan. The said person was deleted from the array of the
accused and in his place, petitioner is falsely implicated. It is also
submitted that petitioner was not even available in the station on
the alleged date of occurrence.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the allegations in the case diary, petitioner
along with others had committed the offences due to previous
BA NO.1085/10 2
enmity.
5. On hearing both sides, I am satisfied that petitioner
has not made out any exceptional circumstances to grant
anticipatory bail. Considering the serious nature of the
allegations made, I am satisfied that this is not a fit case to grant
anticipatory bail. The incident happened as early as on 2.1.2010,
more than five months back and petitioner is bound to surrender
and co-operate with the investigation, without delay.
Petition is dismissed.
K.HEMA, JUDGE.
tgs