IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3766 of 2010()
1. LOHITAKSHAN, AGED 33 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH SUB INSPECTOR
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :08/07/2010
O R D E R
K. HEMA, J.
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B.A. No. 3766 of 2010
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Dated this the 8th day of July, 2010
O R D E R
Petition is for anticipatory bail.
2. The alleged offences are under Sections 452, 354 and
326 of the Indian Penal Code. According to prosecution, on
06.06.2010 at about 2.30 P.M., petitioner trespassed into the
kitchen of the house of the de facto complainant and pulled her
maxi and thereby outraged her modesty. When the husband of
the de facto complainant intervened he also assaulted him by
using iron rod and he sustained injury to the nasal bone.
3. Learned counsel for petitioner submitted that the de
facto complainant’s husband owes some money to the petitioner
and there was some difference of opinion relating to this.
Therefore, a false case is lodged against petitioner. It is also
submitted that 452 of the Indian Penal Code will not be attracted
in this case.
4. This petition is opposed. Learned Public Prosecutor
submitted that the nature of the allegations made against the
petitioner are serious. The de facto complainant’s husband
B.A. No. 3766 / 2010 2
sustained a fracture to the nasal bone and the petitioner used an
iron rod to inflict injury. He has also acted in an undesirable
manner to the de facto complainant.
5. 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. The injury sustained by the de facto
complainant’s husband is also grievous in nature and hence I am
not inclined to grant anticipatory bail to petitioner.
6. The incident happened as early as on 06.06.2010.
Petitioner is bound to surrender and co-operate with the
investigation. Petitioner is at liberty to surrender either before
the investigating officer or before the Magistrate Court
concerned.
Petition is dismissed.
K. HEMA, JUDGE
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