IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 3688 of 2010() ----------------------------- (CRIME NO.217/2010 OF PERINGOME POLICE STATION) PETITIONERS/ACCUSED --------------------------------------- 1. SURESH T., S/O.GOPALAN, AGED 32 YEARS, WIREMAN, ERAMAM P.O., ERAMAM AMSOM DESOM. 2. SANEESH T.V., S/O.RAMACHANDRAN, AGED 19 YEARS, HEADLOAD WORKER, ERAMAM AMSOM DESOM. 3. VIPIN T., S/O.PAVITHRAN, AGED 19 YEARS, STUDENT, ERAMAM P.O., ERAMAM AMSOM DESOM. 4. A.P.RAJAN, S/O.KUNHAPPA, AGED 52 YEARS, ERAMAM P.O., ERAMAM AMSOM DESOM. BY ADV. SRI.O.V.MANIPRASAD SRI.LIJO KURIAN JOSE RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, (SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, CRIME NO.217/2010), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------------------- B.A. No. 3688 of 2010 ----------------------------------------------------- Dated this the 19th day of July, 2010. ORDER Petition for Anticipatory Bail. 2. The alleged offences are under Sections 452, 323, 324 r/w 34 IPC. According to the prosecution, on 28.4.2010 at about 9.30 p.m., petitioners (A1 to A4) trespassed into the house of de facto complainant and assaulted him by using stones, sticks etc. and committed various offences stated above. 3. Learned counsel for petitioners submitted that de facto complainant used to assault his wife and, on the date of occurrence also, she was assaulted. On hearing the hue and cry, people of the locality rushed to the house of petitioner, but nothing as alleged, had happened. Petitioners are neighbours of the de facto complainant and they were prepared to explain their innocence to the investigating officer. As per a direction of this, first accused reported before the investigating officer and he was questioned. [B.A.No.3688/2010] 2 4. Learned Public Prosecutor submitted that first accused appeared before the investigating officer and he was also questioned. There is no objection in granting anticipatory bail to petitioners on conditions, it is submitted. 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, in the event of their arrest, be released on bail on their executing bond for Rs.10,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will appear before the investigating officer as and when directed and co-operate with the investigation. (2) This order will be in force only for a period of 20 days. In the meantime, petitioners shall seek regular bail from the court concerned. Petition is allowed. K.HEMA, JUDGE. krs. [B.A.No.3688/2010] 3