IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 7649 of 2008(C) ------------------------------------- CRIME NO.994/08 OF KAYAMKULAM POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2 : -------------------------------------------- 1. PRADEEP, 42 YEARS, S/O.PURUSHOTHAMAN KUNNAYYATHU VEEDU, CHERAVALLI MURI, KAYAMKULAM VILLAGE. 2. SULAJA, W/O.PRADEEP, 39 YEARS, KUNAYYATHU VEEDU, CHERAVALLI MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT/COMPLAINANTS : -------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7649 OF 2008 ------------------------------ Dated this the 15th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 294 and 332 of I.P.C. read with Section 3(1) of Prevention of Damage to Public Property Act. According to prosecution, petitioners, husband and wife, trespassed into the electricity office and abused the officials and also caused damage to the property and deterred the officials from discharging their functions. 3. Learned counsel for petitioners submitted that there was no electric supply to petitioners' residence on the date of occurrence and though phone calls were made, supply was not revived and hence the husband and wife went to the office. They found the defacto complainant and other officials sitting in the office and making merry. When they raised their grievance, there was some altercation between first petitioner and the officials while second petitioner intervened and she fell down and sustained some injury on the palm. The officials apprehended that a complaint would be filed by second accused and hence, the present complaint is filed as a shield. In the B.A.No.7649 of 2008 2 complaint itself, it is mentioned that petitioners have gone to the office since there was power failure in the house, it is submitted. On hearing both sides, I am inclined to grant anticipatory bail to petitioners on conditions. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned within 7 days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac