IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Bail Appl..No. 7175 of 2008() ----------------------------- CRIME NO.1214/08 OF BADAGARA POLICE STATION PETITIONERS: -------------------- 1. PAVAS , 31 YEARS, S/O.ABOOBACKER KASTHOORIKUNIYIL PO.ORKATTERY KOZHIKODE. 2. A.P.NAJEEB, 28 YEARS S/O.ABDULLA ALAYULLA PARAMBATH PO.MUTTUNGAL, KOZHIKODE. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN RESPONDENT(S): --------------- STATE OF KERALA, (SHO BADAGARA IN CRIME NO.1214/2008 OF BADAGARA POLICE STATION) REP. BY PUBLIC PROSECUTION, HIGH COURT OF KERALA COCHIN. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7175 of 2008 --------------------------------------------- Dated this the 2nd December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 323, 324 and 354 read with Section 34 IPC. According to prosecution, defacto complainant and her husband were not on good terms for sometime. Therefore, petitioners, who are close relatives of the husband of the defacto complainant, being cousin and brother respectively, went to the house of defacto complainant for a settlement talk. In the course of the talk, petitioners assaulted defacto complainant and committed the various offence. Reaper was also used for the offence. 3. Learned counsel for petitioners submitted that the only non-bailable offence is under Section 452 IPC. There is no intention for the accused to commit the offence. They had gone to the house of the defacto complainant for a settlement talk and they wanted to settle the issues amicably. This fact is revealed from the First Information Statement itself. No preparation was done for committing any offence and hence, no offence under Section 452 IPC is attracted. As per the allegations, the reaper, which was found in the house, was picked up by accused to beat. No serious injury was caused. Defacto complainant's uncle manipulated the whole thing and BA No.7175/2008 2 got defacto complainant admitted in the hospital, since he got offended on seeing petitioners in the house. 4. Learned public prosecutor conceded that no serious injury is sustained by defacto complainant and the purpose for the visit of the accused was to have a settlement talk. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioners on conditions. Hence, the following order is passed: Petitioners shall surrender before the Investigating Officer and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation and make themselves available for interrogation. (ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl