IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2199 of 2009 ----------------------------- CRIME NO. 80/09 OF MANKARA POLICE STATION ............... PETITIONER/ACCUSED: -------------------------- PROF. K.RAVIKUMAR,S/O. LATE. K.KUMARAN, AGED 56 YEARSM NEELAMBARI.P.O.,GANDHI SEVA SADAN, VIA,PERUR, PALAKKAD-679302. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING S.I. OF POLICE MANKARA POLICE STATION BY PUBLIC PROSECUTOR, SRI.M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2199 of 2009 ------------------------------------------ Dated, this the 8th day of May, 2009 ORDER This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure by the sole accused in Crime No.80 of 2009 of Mankara Police Station alleging commission of offence punishable under Section 326 of the Indian Penal Code. 2. Petitioner and the de facto complainant are brothers. Admittedly, civil disputes are pending between them. A contention has been raised that the interim order in the pending civil suit has been violated and the alleged action has been committed after such violation. But according to the petitioner/accused, he did not violate the interim order of injunction passed by the competent civil court as the same was subsequently modified. I think I would not go into such question unnecessarily. 3. As stated earlier, the parties are brothers. Of course, at present, there is strained relationship and I hope and wish they will reunite with all strength of brotherhood. B.A.No.2199 of 2009 2 Petitioner is the Principal of a Business School set up in the property over which the civil dispute is now pending before the Munsiff Court, Palakkad. In totality of the circumstances and having regard to the relationship between the parties and also the nature of the allegations, I think the relief sought for by the petitioner can be granted. 4. Accordingly, this application is allowed subject to the following conditions: i) In the event of arrest, the petitioner shall be enlarged on bail on his executing a bond for Rs.50000/- with two solvent sureties for the like sum each to the satisfaction of the officer conducting the arrest. ii) The petitioner shall appear before the investigating officer once in a month, i.e. on the first Saturday of every month, till the final report is laid in the case. iii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence witnesses. C.T.RAVIKUMAR, JUDGE vns