IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2855 of 2010() ----------------------------------------- (CRIME NO.3/2010 OF ELATHUR POLICE STATION, KOZHIKODE DISTRICT) PETITIONER/ACCUSED: -------------------------------------- BABURAJ, S/O.BALAN, KALATHILTHAZHAM HOUSE, ELATHUR VILLAGE, PUNTHIYANGADI, KOZHIKODE. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): STATE: -------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE S.H.O, ELATHUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 2855 of 2010 ----------------------------- Dated this the 26th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 457, 380 and 461 of the Indian Penal Code. According to prosecution, petitioner has trespassed into the house of de facto complainant and taken away certain documents and money also. 3. Learned counsel for petitioner submitted that petitioner rented out a building to de facto complainant for running a society. There was some dispute between petitioner and de facto complainant and no offence as alleged has taken place. Now the parties have settled the matter and hence petitioner may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that in the light of the instruction given, anticipatory bail can be granted on condition. 5. On hearing both sides and on going through the documents, I am satisfied that petitioner can be granted B.A. No. 2855 of 2010 2 anticipatory bail on the conditions. 6. Hence the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following condition that petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. This petition is allowed. K. HEMA, JUDGE ln