IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 524 of 2009() ---------------------------- CRIME NO. 14/2009 OF THIRUVALLA POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. BABY MATHEW AGED 64 YEARS, PATTAPPARAMBIL HOUSE, KIZHAKKEN MUTHOOR MURI, KUTTAPPUZHA. 2. MARY MATHEW @ AMMINI AGED 60 YEARS, W/O.BABY MATHEW -DO- 3. P.M.VARGHESE @ KUNJUMON AGED 73 YEARS, PATTAPPARAMBIL VILLAYIL,KIZHAKKENMUTHOOR MURI, KUTTAPPUZHA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 524 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under sections 379 read with section 34 IPC. According to prosecution, petitioners allegedly took away iron gate belonging to de facto complainant. 3. Learned counsel for petitioners submitted that petitioners 1 and 2 are husband and wife. The 3rd petitioner is brother of 1st accused. They are aged 64, 60 and 73 respectively. There is a civil dispute between petitioners and de facto complainant in respect of a pathway leading to the house of petitioners. In the common pathway, de facto complainant attempted to install a gate whereby entry to petitioners' house will be blocked. This was resisted by petitioners and hence, a suit was filed by both parties against each other. Petitioners filed suit restraining de facto complainant from installing any gate in the pathway. Because of this dispute, a false complaint is filed against petitioners and they have not committed any offence. They are prepared to co-operate with the investigation, it is submitted. 4. Learned Public Prosecutor, on instructions, submitted that petitioners are suspects and they are required for BA 524/ 09 -2- questioning. Hence, they may be directed to appear before the Investigating Officer as and when directed and subject to this, he has no objection in granting anticipatory bail to the petitioners. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed:- (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while This petition is allowed. K.HEMA, JUDGE. mn.