IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6656 of 2008(V) ------------------------------ CRIME NO.322/2008 OF ARYANAD POLICE STATION PETITIONERS/ACCUSED NOS 1 TO 3 -------------------------------------------------- 1. VIJAYAN, ATTINPURAM, THADATHARIKATHU VEETTIL, PAZHAVUNNI, KOTTAKKAKAM MURIYIL, ARYANAD VILLAGE. 2. SHYJU, S/O.VIJAYAN, ATTINPURAM THADATHARIKATHU VEETTIL, PAZHAVUNNI, KOTTAKKAKAM MURIYIL, ARYANAD VILLAGE. 3. VASANTHA, D/O.RAJAMMA, ATTINPURAM, THADATHARIKATHU VEETTIL, PAZHAVUNNI, KOTTAKKAKAM MURIYIL, ARYANAD VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6656 of 2008 --------------------------------------------- Dated this the 14th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324 and 326 read with Section 34 IPC. According to prosecution, accused nos. 1 to 3, in furtherance of common intention, assaulted the defacto complainant using stick and he lost a tooth. The incident occurred on 18.9.2008. 3. Learned counsel for petitioners submitted that defacto complainant was enmical towards petitioners' family. He is their neighbour. He is also engaged in illicit liquor business. He used to come in front of the house of petitioners and under intoxication, abuse inmates of the house. He also used to undress himself and despite warnings, he continued these activities. Hence, a complaint was given to the police on 13.7.2008. On enquiry by police, it was found that the allegations are correct and hence, defacto complainant undertook before the police that he would not repeat such acts and he also signed in the station, it is submitted. But, on 19.9.2008, he again came in front of the house and undressed BA No. 6656/2008 2 himself and immediately, information was passed on to the police station stating all these facts. The third petitioner, who is the mother of the first accused, filed a complaint before the Sub Inspector, copy of which is Annexure A, in which the earlier complaint and settlement are referred to. The defacto complainant, as usual, came in front of the house and created problems and he was sent away and in the course of the same, a scuffle occurred and he fell down and lost his teeth, it is submitted. Petitioners are prepared to abide by any condition and anticipatory bail may be granted, it is submitted. 4. Learned public prosecutor submitted that third petitioner is is not an accused in this case and hence, police has no intention to arrest her in connection with this crime. This submission is recorded. As far as the first and the second accused are concerned, they had assaulted the defacto complainant by using wooden stick, as the case diary reveals. Both of them had used the wooden sticks and the defacto complainant sustained contusion on the head and abrasion on the back and he also lost a tooth. In the nature of allegations made, it is not a fit case to grant anticipatory bail, it is submitted. BA No. 6656/2008 3 5. On hearing both sides, It is clear from Annexure A that the parties had approached the Sub Inspector with their grievance earlier and the defacto complainant had acted in an objectionable manner in front of their house. He had agreed not to create any problem also. But, thereafter, the nuisance was repeated despite the undertaking made by him before the police. Whether petitioners only made efforts to prevent a nuisance or not is a matter which can be established at the time of evidence. Considering the rival contentions, I find that anticipatory bail can be granted to the petitioners on conditions: Hence, the following order is passed: (1) Petitioners 1 and 2 (A1 and A2) shall surrender before the Investigating Officer within seven days from today and in case of arrest, 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 arresting officer on the following conditions: (i) Petitioners shall co-operate with investigation and make themselves available for interrogation. (ii) Petitioners shall report before the Investigating Officer as and when directed. BA No. 6656/2008 4 (iii) Petitioners shall not intimidate any witness or commit any offence while on bail. (2) The prayer for anticipatory bail by third petitioner is rejected since she is not an accused. The petition is partly allowed. K.HEMA, JUDGE csl