IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 5893 of 2008() ----------------------------- CRIME NO.236/2008 OF EDAKKARA POLICE STATON PETITIONERS/ACCUSED --------------------------------------- 1. A.K.GOVINDAN, S/O.A.G.KOCHUPILLA, ACHARIPARAMBIL, THALANJI, POOKKOTTUMANA, MALAPPURAM DISTRICT. 2. KOTTAKKODAN AANDI, S/O.KUNJIPALAN, KOTTAKKODAN HOUSE, PULIMUNDA. 3. KULATHI, W/O.PALAN, KOTTAKKODAN HOUSE, PULIMUNDA, POKKOTTUMANA P.O. 4. ANIL KUMAR, S/O.AANDI, KOTTUKODAN HOUSE, PULIMUNDA, P.O.POOKKOOTTUMANA. 5. KALYANI, W/O.AANDI, KOTTUKODAN HOUSE, PULIMUNDA, P.O.POOKKOTTUMANA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.236 OF 2008 OF EDAKKARA POLICE STATION, MALAPPURAM). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5893 of 2008 ------------------------------------------------- Dated this the 6th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the Sub Inspector of Vanitha Police Station, on getting a petition, went to the place of occurrence, to enquire about the same, while the petitioners, five in number, formed themselves into an unlawful assembly and prevented the Sub Inspector from discharging her official duty, criminally intimidated etc. 3. Learned counsel for the petitioners submitted that there was a long standing civil dispute between the first petitioner and one Gopalan, who are having adjacent properties. The dispute is with respect to a pathway. Civil cases are also pending. The petitioner obtained an injunction order in favour of him and against the said Gopalan. Sri. Gopalan's daughter is a woman police constable, who is working in the same police station, within which the defacto complainant is working. The woman constable gave birth to a child and the defacto complainant had come to see the baby. During the course of BA No.5893/08 2 conversation, it was brought to her notice that there was a dispute in respect of the pathway and she came to see the pathway. 4. The said Gopalan was allowed to cut the pathway in her presence. This was resisted by the first petitioner and his children stating that there was already a civil suit pending. The defacto complainant was not in official dress, and ignoring the request of the first petitioner and others, the way was cut and a petition was filed before the Sub Inspector of Edakkara Police Station stating all these facts. But, no action was taken in the matter, since the Sub Inspector of Vanitha Police Station was involved. Nothing had happened as alleged in the complaint given by the defacto complainant. As a counter blast to the complaint given by the first petitioner, this crime is registered. 5. Learned public prosecutor submitted that as per the prosecution case, the defacto complainant had gone to the place of occurrence, since she got a petition from Gopalan's wife. The other allegations to the contrary are not correct. 6. On hearing both sides, it appears that there is a civil dispute between the first petitioner and Gopalan and the matter is pending before the civil court. It appears that an injunction BA No.5893/08 3 order is obtained by the first petitioner against the said Gopalan. Taking various other circumstances also, I find that an order can be passed to protect the interest of both parties. Hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and if bail application is filed, they 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 learned Magistrate on the following conditions: (i) Petitioners shall make themselves available for interrogation as and when directed by the Investigating Officer and co-operate with the investigation. (ii) Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl