IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 3764 of 2009() ----------------------------- CRIME NO.585/2009 OF PUNALUR POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. BLESSIN S/O. M.D. WILSON MONACHAN, MOOLEKKONIL HOUSE, ALIMUKKU, PIRAVANTHOOR, PUNALUR, KOLLAM. 2. ANIL, BROTHER OF WILSON, MOOLEKKONIL HOUSE, ALIMUKKU, PIRAVANTHOOR, PUNALUR, KOLLAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.585 OF 2009 OF PUNALUR POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3764 of 2009 --------------------------------------------- Dated this the 31st day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.585 of 2009 of Punalur Police Station. 2. The offences alleged against the petitioners are under Sections 451, 332 and 294(b) read with Section 34 of the Indian Penal Code and Section 3(2)(a) of the PDPP Act. 3. The gist of the prosecution case is as follows. On 26.6.2009 at 1 P.M., the accused persons rushed to the office of the Kerala State Electricity Board and attacked the overseer and caused injuries to him. The assailants shouted at him and asked as to how he could disconnect the electricity connection to the hotel run by the father of the first petitioner. It is also alleged that the records in the office was thrown and an electricity meter was damaged. 4. The petitioners submitted that the disconnection of the electricity was after payment of the bill on 26.6.2009. The BA No.3764/2009 Page numbers petitioners rely on Annexure 1 receipt issued by the Kerala State Electricity Board which would show that the amount was paid on 26.6.2009 at 10.34 A.M. It is stated that the petitioners only questioned about the illegal act of disconnection and that the allegations levelled against them are false. 5. I have perused the case diary. 6. The statement of Baburaj, S/o.Asokan, who is a worker in the Kerala State Electricity Board, shows that the electricity connection was disconnected at about 11 A.M. on 26.6.2009. Prima facie this would probablise the version of the petitioners. 7. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; BA No.3764/2009 Page numbers b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl