Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No.276/2014 of Melattur Police Station which has been registered for the offences under Sections 294 (b), 354, 427, 447 and 506 (ii) read with Section 34 I.P.C.
2. The prosecution allegation is that on 10.05.2014 at about 7.30 a.m., the petitioners trespassed into the residential property of de facto-complainant, uttered obscene words, outraged her modesty, destroyed several rubber plants and cut down two coconut trees and thereby they have committed the offences mentioned above.
3. It is submitted by the learned counsel for the petitioners that this case arose from a civil dispute between the parties in respect of a property and the petitioners may be granted anticipatory bail.
B.A. No. 4213 /2014 2
4. Heard.
5. It is true that there is a dispute between the petitioners and the de facto-complainant over the right in respect of an immovable property. But the F.I. Statement and the Mahazar prepared by the Police during investigation show that the petitioners committed mischief in the property by cutting down more than ten rubber plants and two coconut trees. They also outraged the modesty of de facto-complainant by giving her push on her breast. The F.I. Statement discloses that the petitioners were armed with chopper and they threatened both the de facto-complainant.
These facts do not justify granting the prayer of the petitioners.
In the result, this application is dismissed.
SD/-
K. ABRAHAM MATHEW JV JUDGE //true copy// P.A. TO JUDE