IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7451 of 2008() ----------------------------- CRIME NO.1284/08 OF KOLLAM EAST POLICE STATION PETITIONER : ---------------------- B.RAVIKUMARAN PILLAI, AGED 50 YEARS, S/O.BHARGAVAN PILLAI, KALIYIL THEKKATHIL THEKEE VEEDU, ARUNOOTTHUMANGALAM, MANGADU VILLAGE, KOLLAM. BY ADV. SRI.T.R.ASWAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7451 of 2008 --------------------------------------------- Dated this the 9th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 308, 341 and 294(b) IPC. According to prosecution, defacto complainant and petitioner are landlord and tenant respectively. On 14.11.2008, at about 10 p.m., defacto complainant, along with his son, went to the shopping complex, in which, a room was let out to petitioner. Defacto complainant's son touched the wall while he had electrocution. The police and also the KSEB officials were informed of the same and current supply was disconnected. The accused acted with an intention to commit a culpable homicide. On the next day morning, he had also abused him and wrongfully restrained him and attempted to assault him. 3. Learned counsel for petitioner submitted that petitioner is a tenant of the defacto complainant and he had been trying to evict the petitioner by some way or other. A rent control petition was filed by him and two suits were also filed by petitioner. The petitioner obtained an order from civil court BA No.7451/2008 2 restraining the defacto complainant from forcibly evicting him from the premises. In spite of this, defacto complainant has been creating all sorts of problems and nuisance to the petitioner and hence, Annexure B notice was issued to the police officials, since there was police harassment at the instance of the defacto complainant. Annexures C and D are the postal receipt and the acknowledgment. The building is a very old one which is more than 100 years old. Petitioner has not committed any act as alleged, it is submitted. Petitioner is prepared to abide by any condition and appear before the Investigating Officer, it is submitted. 4. On considering the above facts and on hearing both sides, I find that petitioner can be directed to surrender before the Investigating Officer and make himself available for interrogation and hence, the following order is passed: (1) Petitioner shall surrender before the Investigating Officer within seven days from today and co-operate with investigation and make himself available for interrogation. (2) Petitioner shall in the event of arrest be produced BA No.7451/2008 3 before the Magistrate Court concerned in accordance with law. (3) On production of the petitioner before the Magistrate Court, petitioner 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 learned Magistrate on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl