IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 1284 of 2010() ----------------------------------------- CRMC NO.198/2010 OF SESSIONS COURT, THRISSUR ....... (CRIME NO.18/2010 OF CHELAKARA POLICE STATION) PETITIONER/ACCUSED PERSONS 1 AND 2: ---------------------------------------------------------------- 1. ASOKAN, S/O.RAGHAVAN,THATTANPURAKKAL HOUSE, THONNORKARA PO, CHELAKARA,THRISSUR DISTRICT. 2. PREMKUMAR, S/O.RAGHAVAN,THATTANPURAKKAL HOUSE,THONNORKARA PO,CHELAKARA,THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): STATE OF KERALA/COMPLAINANT: --------------------------------------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHELAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.1284 OF 2010 ------------------------------------------ Dated 10th March 2010 O R D E R Petitioners are the accused in crime No.18/2010 of Chelakara police station registered for the offences under Sections 452, 341, 323, 324, 294(b) and 354 read with Section 34 of Indian Penal Code. Petitioners approached the learned Sessions Judge, Thrissur for anticipatory bail. By Annexure-A1 order, it was dismissed. This petition is filed under Section 438 of Code of Criminal Procedure to release them on bail in the event of their arrest. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Prosecution case is that BA 1284/10 2 petitioners trespassed into the house of de facto complainant and caused hurt by beating him with a chapel and caught hold of the hand of the lady and thereby insulted her modesty and also scolded them using obscene language and thereby committed the offences. From the nature of the offences alleged, I do not find that custodial interrogation of the accused is mandatory. In such circumstances, petitioners are to be released on bail, in the event of their arrest. Petition is disposed as follows. In the event of arrest of the petitioners in crime No.18/2010 of Chelakara police station, they shall be released on bail on executing bond to the satisfaction of the Investigating Officer on the following conditions. 1) Petitioners shall appear before the BA 1284/10 3 Investigating Officer as and when required. 2) Petitioners shall not induce or threaten any person from disclosing facts known to them to the Investigating Officer or to the court. 3) Petitioners shall not leave India without permission of the concerned Magistrate. 4) The order will prevail for three weeks and it is upto the petitioners to approach the concerned Magistrate and seek regular bail. M.SASIDHARAN NAMBIAR, JUDGE. uj.