IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7438 of 2008() ----------------------------- CRMP.3626/2008 of DISTRICT COURT, PALAKKAD CRIME NO.814/2008 OF VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT PETITIONER (S): ACCUSED 1 & 2: ---------------------------------- 1. K.M.PRABHAKARAN, S/O.MADHAVAN, 53 YEARS, PRABHA NIVAS, KURUVAI, KANAKKAMTHURUTHY POST, ALATHUR TALUK. 2. GHEETHA BHAI, W/O.PRABHAKARAN, AGED 48 YEARS, PRABHA NIVAS, KURUVAI, KANAKKAMTHURUTHY POST, ALATHUR TALUK. BY ADV. SRI.T.M.CHANDRAN RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT. (CRIME NO.814/2008) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7438 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 324, 326, 294 (b) read with section 34 IPC. According to prosecution, on 13- 11-2008, accused 1 and 2 who are husband and wife poured acid on the face of de facto complainant in furtherance of common intention, abused him and committed various offences. 3. Learned counsel for petitioners submitted that the case is an offshoot of a civil dispute between de facto complainant and 1st accused. On 28-4-2008 de facto complainant and various other persons trespassed into the property of 1st accused and tried to widen the pathway. Therefore, a suit was filed and injunction order was obtained in favour of 1st petitioner and a copy is Annexure-II. The 1st petitioner filed a complaint before the police, but no action was taken and hence he filed a private complaint, based on which a crime was registered as Annexure-III. 4. De facto complainant continued his illegal activities and therefore, 1st petitioner filed a complaint before Sub Inspector of Police on 18-5-2008 and thereafter, to Superintendent of Police on 25-5-2008, since Sub Inspector BA 7438/08 -2- failed to take any action. De facto complainant and various others attacked 1st petitioner and other family members on 12-11-2008 and Anneuxre-IV complaint was given to police. On the next day also, on 13-11-2008, the same nature of attack was made by de facto complainant and his family members by trespassing into the house of petitioners. Petitioners and their aged mother sustained injuries. A complaint was lodged as Annexure-V with respect to that incident. De facto complainant lodged a complaint in respect of the same incident which occurred on 13-11-2008, based on which the present crime was registered. Petitioners may be granted anticipatory bail, considering the circumstances under which the incident occurred, it is submitted. 5. Learned Public Prosecutor submitted that during investigation it was revealed that on the same day de facto complainant and others trespassed into the house of petitioners and assaulted petitioners and aged mother and they sustained injuries and a crime was also registered against de facto complainant. Acid was poured in the course of the said incident. 6. On hearing both sides, it appears that petitioners have a strong defence to put forward that the injuries were sustained in the course of exercise of right of self defence. If petitioners are refused anticipatory bail, it will result in injustice, if ultimately, BA 7438/08 -3- they would be able to establish their right. Hence, I am persuaded to grant anticipatory bail. 7. Hence, the following order is passed:- (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall make himself available for interrogation by the Investigating Officer as and when directed and co- operate with the investigation. ii) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.