IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1203 of 2008(S) ------------------------------ CRIME NO.112/08 OF PARASSALA POLICE STATION PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. SOBHANAN, S/O. CHANDRAN, KANNAMVILAKOM, NEAR AZHAKIKONAM CHANNEL, KIZHKOLLA DESOM, CHENKAL VILLAGE, NEYYATTINKARA. 2. GOPAKUMAR, S/O. CHANDRAN, -DO- -DO- BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1203 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. Altogether there are two accused persons. The defacto complainant is a neighbour of the petitioners. There was silly disputes about the aggressive misconduct of the cat of the accused to the fowl of the defacto complainant. On account of this, it is alleged that the petitioners trespassed into the residential building of the defacto complainant and indulged in acts of mischief and violence. The alleged incident took place on 11.2.2008. Crime was registered on 14.2.2008. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. B.A.No. 1203 of 2008 2 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 6.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 7.3.08 and 10.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer between 10 and 12 noon on all Mondays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 1203 of 2008 3 (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 6.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 6.3.2008. (R. BASANT) Judge tm