High Court Kerala High Court

Thampi.T.N vs The State Of Kerala on 10 July, 2008

Kerala High Court
Thampi.T.N vs The State Of Kerala on 10 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4383 of 2008()


1. THAMPI.T.N,S/O.KUNJUKUTTY, THADATHIL
                      ...  Petitioner
2. SREEJITH, S/O.GOPI, THADATHIL HOUSE,

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.ABRAHAM SAMSON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/07/2008

 O R D E R
                                    K. HEMA, J.
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                              B.A.No. 4383 of 2008
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                    Dated this the 10th day of July, 2008

                                       O R D E R

Application for anticipatory bail.

2. The alleged offences are under sections 447, 323, 324 and 326

read with section 34 IPC . According to the prosecution, the petitioners

trespassed into the property of the defacto-complainant, assaulted him by

using stick and stones and when one lady intervened, she was also

assaulted and both of them got injured. Grievous injury was sustained by

the intervenor, who lost her teeth.

3. Learned counsel for the petitioners submitted that the allegations

are false. The petitioners are residents of the colony situated in 75 cents of

property. In connection with cremation of a dead body, there was some

dispute and some incident happened at the spur of the moment and there is

no intentional act, it is submitted.

4. This application is opposed. Learned Public Prosecutor

submitted that the defacto-complainant sustained serious injury due to the

act of the petitioners. Weapons are also used and those are not recovered.

BA 4383/08 -2-

The interrogation of the petitioners is required for the purpose of

investigation.

5. On hearing both sides I am satisfied that this is not a fit case to

grant anticipatory bail, especially since the petitioners are required for

interrogation and recovery of weapons.

The application is dismissed.

K. HEMA, JUDGE.

mn.