IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Bail Appl..No. 3564 of 2008() ----------------------------- : PETITIONERS/ACCUSED: ------------------------------------ 1. P.K. KOCHAPPAN, S/O. KONJUVAREED, AGED 53 YEARS, POVAKKALVEETTIL, KUTTANELLUR, THUMBOOR P.O., IRINJALAKUDA, THRISSUR DISTRICT. 2. P.B. YOSEF, S/O. BEERANKUNJU, AGED 43 YEARS, PULAKKAL HOUSE, KUTTANELLUR, THUMBOOR P.O., IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT: COMPLAINANT: ------------------------- THE STATE OF KERALA, (S.I. OF POLICE, IRINJALAKUDA POLICE STATION, CRIME NO.479/2008) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3564 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 452, 294(b), 506(1) and 427 read with section 34 IPC. According to the prosecution, on 16-5-2008 at about 6.30 p.m. petitioners alleged demolished the laterite boulders and concrete blocks and when this was questioned, they trespassed into the house of the defacto-complainant, intimidated him and abused him in obscene language. 3. The learned counsel for the petitioners submitted that this case is an off shoot of the civil dispute between the 1st petitioner and brother who is the defacto-complainant. Ever since the 1st petitioner sold a portion of the property to the 2nd petitioner's sister, there was a dispute with respect to the pathway. On 16-5-2008, the petitioners were called to the police station and on reaching the police station, they found the defacto-complainant and his neighbour there. On seeing the 2nd petitioner the Circle Inspector of Police of Police abused and threatened him and hence a complaint Annexure-3 was lodged before the Police Complaint Chairman against the act of the Circle BA 3564/08 -2- Inspector. The Circle Inspector was actively assisting the defacto- complainant and hence on 17-5-2008, the defacto-complainant assaulted the 2nd petitioner and inflicted certain injuries on him using sword. He was hospitalized on the same day with incised injury. This act is committed, according to the petitioners, with the active support of the police. In this back-ground, a false complaint is filed against the petitioner on 16-5-2008, which was registered only after the incident, which occurred, on 17-5-2008, it is stated. 4. In this back-ground, if the petitioners are arrested in connection with a non-bailable offence, they will be harassed by the police and it will result great hardship and irreparable loss to the petitioners, it is submitted. The learned counsel for the petitioner also pointed out that on 21-5-2008 a suit was filed by the defacto-complainant and the allegation of destruction of the boulders etc. are not stated therein. This is only a false complaint cooked up to harass the petitioners, it is contended. 5. This application is opposed. But, on hearing both sides, I find that it is only just and proper, in the interest of justice to grant anticipatory bail to the petitioners on conditions. Hence, the following order is passed:- The petitioners shall appear before the Investigating Officer within ten days from today and make themselves available for BA 3564/08 -3- interrogation. Thereafter, in the event of their arrest, they shall be produced before the learned Magistrate concerned and they shall be released on bail on their executing a bond for Rs.25,000/- each with solvent sureties each for the like amount to the satisfaction of the Magistrate on the condition that the petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. The application is allowed as above. K. HEMA, JUDGE. mn.