IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2334 of 2010() ----------------------------- PETITIONER/ACCUSED -------------------------------------- RATHEESH, AGED 25 YEARS, S/O. NARAYANA PILLAI, KAROTTU HOUSE, THOTTUMUKKU.P.O., MAHILALAYAM, ALUVA. BY ADV. SRI.K.J.SAJI ISAAC RESPONDENT(S): --------------- SUB INSPECTOR OF POLICE, ALUVA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.2334 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offence are under sections 341, 323, 394 IPC. Petitioner (A1) along with three others wrongfully restrained defacto complainant, assaulted him and took away two mobile phones and Rs.7,500/- etc. 3. Learned counsel for the petitioner submitted that no such incident happened. Some immoral activities were going on in the locality and it was resisted by petitioner and other members of residents association. On the date of occurrence, at 11.30 pm defacto complainant was found in a house engaged in clandestine affair. This was informed to the police and police found defacto complainant and a women in the house and took them away. Because of this, defacto complainant falsely gave a complainant against petitioner and others. 4. Learned public prosecutor submitted that Petitioner may be directed to surrender before the investigating officer for B.A. No.2334/10 2 interrogation. On hearing both sides and on going through the case diary, particularly statement of the defacto complainant recorded on 3.4.2010, I am satisfied that anticipatory bail can be granted on condition. 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 a bond for Rs.10,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate on condition that Petitioner shall appear before the investigating officer within seven days from the date of release on bail and co-operate with investigation. This petition is allowed. K. HEMA, JUDGE. Sou.