IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2570 of 2009() ----------------------------- CRIME NO.477/2009 OF THODUPUZHA POLICE STATION APPLICANTS/ACCUSED -------------------------------------- 1. MOHANAN, AGED 45 YEARS, S/O.KUMARAN, NERAM PARAMBIL VEEDU, KUMARAMANGALAM KARA, KUMARAMANGALAM VILLAGE. 2. RADHA, W/O.MOHANAN, AGED 42 YEARS, NERAM PARAMBIL VEEDU, KUMARAMANGALAM KARA, KUMARAMANGALAM VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.H.O., THODUPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2570 of 2009 ------------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.477 of 2009 of Thodupuzha Police Station. 2. The offences alleged against the petitioners are under Sections 323, 326, 448, 452, 427, 341 and 506(ii) of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Court of the Judicial Magistrate of Thodupuzha on 12.3.2009 which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. The date of occurrence is 2.9.2008. The case of the defacto complainant is that the accused persons trespassed into the house of the defacto complainant and beat her with the handle of a spade and caused severe injuries. From 2.9.2008 to 4.9.2008, she was inpatient in a hospital. It is stated that though intimation was sent from the hospital, the police did not take the statement of the defacto complainant and register a crime. BA No. 2570 /2009 2 4. The learned counsel for the petitioners pointed out that there is a property dispute between the petitioners and the defacto complainant. On 10.2.2009, the petitioners filed O.S.No.41 of 2009 on the file of the court of the Munsiff of Thodupuzha against the defacto complainant and her daughter. An interim order of injunction as evidenced by Annexure A was granted on 10th February, 2009. The petitioners contend that the complaint was filed before the Chief Judicial Magistrate's Court on 12.3.2009 by the defacto complainant after receiving the order of injunction. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every alternate Monday, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; BA No. 2570 /2009 3 c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl