IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 6086 of 2009() --------------------------------- CRIME NO. 429/2009 OF MAVELIKKARA POLICE STATION .................... PETITIONERS/ACCUSED 2 -5: --------------------------------- 1. G.KURIAN, MADATHIL PARAMBIL, PONAKAM MURI,THEKKEKKARA VILLAGE. 2. RAICHAL KURIAN @ KUNJAMMA, MADATHIL PARAMBIL, PONAKAM MURI, THEKKEKKARA VILLAGE. 3. ANITHA, VILAYIL PUTHENVEEDU, EREZHA NORTH, CHETTIKULANGARA. 4. SUNITHA, OTTATHENGIL HOUSE, EREZHA NORTH, CHETTIKULANGARA. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MAVELIKKARA. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR SMT.SURYA SASI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 6086 of 2009 ----------------------------- Dated this the 3rd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324, 326, 447 and 506(1) read with Section 34 of the Indian Penal Code. According to prosecution, on 06.10.2009, petitioners (A2 to 5) along with first accused trespassed into the family house of the de facto complainant and assaulted him using stick and thereby inflicted injuries. 3. According to learned counsel for petitioners, de facto complainant is the second accused's brother's son. Second accused is aged 80 years. De facto complainant was enemical towards second accused, on the belief that he motivated de facto complainant's father not to allot any property to him. Therefore, de facto complainant came to the second accused's house and there was an attack on the second accused. The other accused intervened and de facto complainant fell down in the course of the incident and sustained injuries. Second B.A. No. 6086 of 2009 2 accused is having several ailments. Third accused, who is aged 72 years and she is the wife of the second accused. Accused Nos. 4 and 5 were their daughters, who are residing away from the house. The allegations are made against the first accused mainly, who is the son of the second accused. 4. Learned Public Prosecutor pointed out that as per the statement of a witness, who is residing nearby, the incident started when the de facto complainant beat the second accused with a stick. 5. On hearing both sides, on gone through the case diary and particularly the statement of the eye witness, it appears that the de facto complainant beat the second accused with a stick while first accused had caught hold of the stick from the hands of the de facto complainant and attacked him etc. The incident started with the attack on second accused. In the above circumstances, I find that anticipatory bail can be granted to petitioners. Hence, the following order is passed: B.A. No. 6086 of 2009 3 1). Petitioners shall surrender before the Magistrate Court concerned within seven days from today. 2). Petitioners shall be released on bail, on their executing bond for Rs. 25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned 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 any witnesses or commit any offence while on bail. This petition is allowed. K. HEMA, JUDGE ln