IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5179 of 2008(B) ------------------------------------- CRIME NO.233/08 OF KODAKARA POLICE STATION APPLICANT/ACCUSED : --------------------------- CHANDRAN, 43 YEARS S/O.SANKARAN NAIR, KANAYATH HOUSE ALATHOOR DESOM, NELLAYI VILLAGE BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYANAN RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5179 OF 2008 ------------------------------ Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 452, 323, 341, 354 and 506 (i) IPC. According to the prosecution, the petitioner allegedly trespassed into the hotel run by the defacto complainant and her husband, wrongfully restrained the defacto complainant's husband and fisted him. Thereafter he entered the kitchen and caught hold of the neck of the defacto complainant and attempted to kiss her. 3. Learned counsel for the petitioner submitted that the petitioner is in custody from 06.08.2008 onwards. The petitioner is falsely implicated in this case. The petitioner and the defacto complainant's husband are friends and they had gone for a trip and there was some altercation between them but the facts are distorted to lodge a complaint like this, to harass the petitioner deliberately. It is also submitted that the petitioner had beaten up by the police officials in the year 1997 and thereafter he has been implicated in various crimes by the police falsely and he was not actually involved in those cases. He has not been convicted so far in B.A.5179 of 2008 2 any case. 4. Learned Public Prosecutor submitted that the petitioner is involved in various crimes but taking into consideration the stage of investigation in this case, he has no objection in granting bail, but stringent conditions may be imposed, taking into account, his criminal antecedents. Hence, bail is granted to the petitioner on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) The petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac