IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6561 of 2008() ----------------------------- CRIME NO.622/08 OF THRISSUR TOWN EAST POLICE STATION PETITIONERS: ACCUSED 2 AND 4 ----------------------------------- 1. C.B. KISHOREKUMAR, AGED 38 YEARS, S/O. BAHULEYAN, CHEMBIL HOUSE, BEHIND BISHOP HOUSE, THRISSUR-5. 2. VARGHESE.C.A, AGED 43 YEARS, S/O. ANTONY, CHIRAKKEKKARAN HOUSE, KIZHAKKUMPATTUKARA, THRISSUR -5. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6561 of 2008 ----------------------------------------- Dated this the 24th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 323, 324 and 427 read with 149 of Indian Penal Code. According to prosecution, petitioners (accused 2 and 4), along with other accused, formed into an unlawful assembly armed with stone etc. and obstructed unloading of almarah in front of a residential building. Obstruction was caused even inside the house by criminally trespassing into the house. Mischief was committed and certain articles were damaged. The de facto complainant was assaulted also. 3. Learned counsel for petitioners submitted that the accused also sustained injuries in the same incident and the matter was amicably settled between the parties as evidenced by Annexures-A and B agreements. The de facto complainant does not intend to prosecute the petitioners. Hence, anticipatory bail may be granted, it is submitted. BA.6561/08 2 4. Learned Public Prosecutor submitted that the petitioners may be directed to surrender before the investigating officer and subject to that he has no objection in granting anticipatory bail, in the peculiar circumstances. Hence, the following order is passed: i) Petitioners shall surrender before the investigating officer within seven days from today and they shall co-operate with the investigation and subject to make themselves available for interrogation. ii) Thereafter, 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 condition that they will not commit any offence and they will not report before the investigating officer as and when directed. Petition is allowed. K.HEMA, JUDGE vgs.