Petition under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.1440 of 2014 of the Thrikkodithanan Police Station registered for the offences punishable under Sections 452, 294(b), 506 (2), 323 and 308 IPC.
3. The allegation against the petitioner is the on 16.09.2014 at 11.00 pm, he committed house trespass into the house of the defacto complainant Lawyer and smashed the window panes of the house. The petitioner abused loudly and thereby the defaco complainant came out of his house to the sit-out. On seeing him, the petitioner took a knife and wielded it against him. The petitioner caught hold of the hands of the defacto complainant and pushed him back. When the defacto complainant caught hold of the knife of the petitioner, there occurred a scuffle. In the scuffle, the defacto complainant sustained an injury from the glass pieces that were there at the sit-out.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor opposed the petition.
It seems that the petitioner had engaged the defacto complainant as his Lawyer for defending a case against him. On two three occasions, the defacto complainant had to attend the court without any fee from the petitioner. The defacto complainant called the petitioner over the phone and requested for fee in case he wanted the defacto complainant to proceed with the case. It was on that enmity, the petitioner committed house trespass and attacked the defacto complainant during night at 11.00 pm. The case forwarded by the learned counsel for the petitioner that he was invited for the birthday celebration of the daughter of the defacto complainant and thereby he went to the house during night at 11.00 pm, cannot be believed. The investigation of this case is not over. The allegations against the petitioner are very grave and serious. Considering all the above, I am of the view that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B. KEMAL PASHA, JUDGE // True Copy // DSV/23/10 P.A. To Judge