IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6202 of 2008() ----------------------------- CRIME NO.643/08 OF KASARAGOD POLICE STATION PETITIONER(S): ACCUSED NO.1 TO 5: -------------------------------------- 1. KIRAN.A, AGED 38 YEARS, S/O.RAMANANTHA NAIK, BEERANTHBAYEL, KASARAGOD KOSBA VILLAGE, KASARAGOD P.O., KASARAGOD DISTRICT. 2. NARESH, AGED 30 YEARS, S/O.PADMANABHA RAO, BEERANTHBAYEL, KASARAGOD KOSBA VILLAGE, KASARAGOD P.O., KASARAGOD DISTRICT. 3. KRISHNAN.K, AGED 62 YEARS, S/O.KUMARAN, BEERANTHBAYEL, KASARAGOD KOSBA VILLAGE, KASARAGOD P.O., KASARAGOD DISTRICT. 4. MANOHARAN, AGED 32 YEARS, S/O.RAMA, BEERANTHBAYEL HOUSE, KASARAGOD P.O., KASARAGOD DISTRICT. 5. CHINNAN, AGED 21 YEARS, S/O.NARAYANAN, NELLIKUNNU, KASARAGOD P.O., KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): COMPLAINANT AND STATE: ------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.278 OF 2008 OF KASARAGOD POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6202 of 2008 ----------------------------------------- Dated this the 6th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 452, 353 and 506(ii) read with 149 of Indian Penal Code. According to prosecution, on 17.9.2008 at about 11 am, the petitioners, five in number, formed into an unlawful assembly and trespassed into the office of the Water Authority, took the files and prevented the de facto complainant, who is a staff in the office, from discharging his official duty and he was threatened to be killed. 3. Learned counsel for petitioners submitted that no such incident has taken place. A pipe was broken and there was no water supply to the locality for a number of days. This fact was brought to the notice of the authorities, but no action was taken. The people repeatedly went to the office of the Water Authority, but still no water supply was restored. But, some false complaint is filed making the allegations. On hearing both sides, the following order is passed: BA.6202/08 2 i) Petitioners shall surrender before the investigating officer and make themselves available for interrogation and co-operate with the investigation. ii) Petitioners shall be released on bail in the event of their arrest on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: a) Petitioners shall report before the investigating officer as and when directed. b) Petitioners shall co-operate with the investigation. c) Petitioners shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.