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Kerala High Court
Santhosh.T.T. vs Sub Inspector Of Police on 15 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2545 of 2010()


1. SANTHOSH.T.T., AGED 40 YEARS,
                      ...  Petitioner
2. BIJU K.O., AGED 35 YEARS, S/O OUSEPH,
3. UMESH K.P., AGED 30 YEARS,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.MANOJ P.KUNJACHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :15/06/2010

 O R D E R
                              K.HEMA, J.
            ----------------------------------------------
               Bail Application No.2545 of 2010
            ----------------------------------------------
                      Dated 15th June, 2010.

                               O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 341, 323,

324 and 452 of the Indian Penal Code. According to prosecution,

petitioners (accused 1 to 3) committed trespass into the house of

defacto complainant and assaulted him using iron rod and stick,

after wrongfully restraining him. The mother of defacto

complainant was also assaulted, when she came to intervene.

3. Learned counsel for petitioner submitted that

originally the offences under Sections 143 and 354 of the Indian

Penal Code were included, but later those sections were deleted.

It is also submitted that accused nos.4 to 6 in the F.I.R. were also

deleted. There is a case and counter and the offence under

Section 452 of the Indian Penal Code is deliberately included.

Hence, anticipatory bail may be granted, it is submitted.

4. Learned Public Prosecutor submitted that charge

sheet is already laid. Petitioners were not available for

investigation.

BA NO.2545/10 2

5. On hearing both sides, I find no exceptional

circumstances to grant anticipatory bail. The mere existence of a

case and counter is not sufficient to invoke Section 438 of the

Criminal Procedure Code. Since charge sheet is laid, petitioner

may approach the trial court and seek regular bail.

This petition is dismissed.

K.HEMA, JUDGE.

tgs


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