IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Bail Appl..No. 8101 of 2010() ------------------------------------------ (CRIME NO.508/2010 OF VELLATHOOVAL POLICE STATION,IDUKKI DISTRICT) ..... PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------- 1. JOSE P.THOMAS @ DHEEPAK, SON OF THOMAS, PULTHAKIDIYIL HOUSE, PARATHODE.P.O.-685 571, IDUKKI. 2. MRS.RAJI JOSE, W/O.JOSE P.THOMAS, PULTHAKIDIYIL HOUSE, PARATHODE.P.O.-685 571, IDUKKI. BY ADVS. SRI.ALAN PAPALI, SMT. DHANYA P.ASHOKAN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, (CRIME NO.508/2010 OF VELLATHOOVAL POLICE STATION, SUB INSPECTOR OF POLICE, VELLATHOOVAL), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- B.A.No.8101 of 2010 -------------------------- ORDER Petitioners, the accused in Crime No.508/2010 of Vellathooval Police Station, filed this petition under Section 438 of Code of Criminal Procedure for anticipatory bail, apprehending their arrest. Petitioners are husband and wife. Crime No.508/2010 is registered for the offences under Sections 294 (b) and 332 read with Section 34 of Indian Penal Code based on a complaint filed by the U.D. Clerk of Konnathadi Grama Panchayat Office. Based on the first information furnished by the second petitioner, Crime No.509/2010 was registered against the defacto complainant in Crime No. 508/2010 for the offences under Sections 323, 294 (b) and 354 of Indian Penal Code in respect of the very same incident. 2. Case of the petitioners is that they had gone to the Grama Panchayat Office to get a BA 8101/10 2 residency certificate. But, it was being delayed for one reason or the other and ultimately, on the date of the incident, the accused in Crime No. 509/2010 did not issue the certificate and threw the papers on the face of the petitioners and there arose a scuffle and as a result, second petitioner sustained hurt and was admitted in the hospital. It is also pointed out that defacto complainant in Crime No.508/2010 did not sustain any external injury. 3. Learned Public Prosecutor submitted that Crime No.509/2010 is registered in respect of the same incident based on the information furnished by the second petitioner and both the cases are under investigation. 4. Considering the nature of the offences involved and nature of the incident, I am of the view that petitioners are entitled to anticipatory bail as sought for. BA 8101/10 3 Petition is allowed. If petitioners are arrested in Crime No.508/2010 of Vellathooval Police Station, they shall be released on bail on executing bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties for the like sum to the satisfaction of the Investigating Officer on the following conditions: 1. Petitioners shall appear before the Investigating Officer as and when required. 2. Petitioners shall not influence, induce or threaten any person from disclosing the facts known to him to the Investigating Officer. 3. Petitioners shall not leave India without the previous permission of Judicial First Class Magistrate, Adimali. 14th December, 2010 (M.Sasidharan Nambiar, Judge) tkv