IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5252 of 2009() ----------------------------------------- CRIME NO.264/2009 OF KURATHIKADU POLICE STATION, ALAPPUZHA. PETITIONERS/ACCUSED: --------------------------------------- 1. PRAMOD, S/O.KESAVAN, MATTATHETHU VEETTIL, PALLIKKAL EAST MURI, THEKKEKARA VILLAGE. 2. ANIL, VALIYAVILAYIL, DO. DO. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT/COMPLAINANT: ----------------------------------------------- S.I. OF POLICE, KURATHIKADU POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5252 of 2009 ------------------------------------ Dated this the 17th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.264/2009 of Kurathikadu Police Station, Alappuzha. 2. The offences alleged against the petitioners are under Sections 452 and 427 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor and also perused the Case Diary. 4. The learned counsel for the petitioners submitted that on 10/8/2009, the son of the defacto complainant and others trespassed into the house of the first petitioner and committed various offences. Crime No.263/2009 was registered against the son of the defacto complainant. Occurrence in the present case, namely, Crime No.264/2009 was on 11/8/2009. The parties are neighbours. It has come out in the investigation that there was a dispute between them regarding a pathway. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No.5252/2009 2 the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm