IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 3948 of 2010() ----------------------------- CRIME NO.606/2010 OF OTTAPALAM POLICE STATION, PALAKKAD. .................... (S): PETITIONER/ACCUSED -------------------------------------- SADHIQUE, AGED 30 YEARS, S/O.SYED ALAVI, SANKARACHANTHODI, KALLEKKAD P.O., PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3948 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Section 308 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act. According to prosecution, on 5.6.2010 at about 10 a.m., while petitioner was engaged in transportation of river sand in a tipper lorry, defacto complainant (Tahsildar) tried to intercept the vehicle, but the lorry was driven away by petitioner. The defacto complainant chased the lorry in another vehicle. On reaching a particular point, the lorry was stopped and it was driven in the reverse direction and hit against the vehicle, in which defacto complainant was travelling, and thereby committed various offences. 3. Learned counsel for petitioner submitted that petitioner was arrested on 6.6.2010 and he is in custody for the past 30 days. The incident did not occur, as alleged. It is not possible for the lorry to stop then, and take in reverse gear and hit against another vehicle. The vehicle in which the defacto complainant was coming happened to hit the tipper lorry from BA NO. 3948/10 2 behind and damage was caused to the vehicle. No person in the jeep was injured in the incident. But, offence under Section 308 of the Indian Penal Code is included, it is submitted. 4. Learned Public Prosecutor submitted that taking into consideration the stage of investigation, petition is not opposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs