IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6911 of 2009() ----------------------------- CRIME NO.694/09 OF THALASSERY POLICE STATION PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. SAJAYAN.K, AGED 41 YEARS, S/O.CHOYIN, 'SREE', NEAR SREE RAM TEMPLE, THIRUVANGAD, P.O.THIRUVANGAD, THALASSERY. 2. CHALIL SATHEESH, KUNNATHIDATH, P.O.THIRUVANGAD, THALASSERY. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6911 of 2009 --------------------------------------------- Dated this the 26th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.694 of 2009 of Thalassery Police Station. 2. The offence alleged against the petitioners is under Section 332 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 13.11.2009, the accused persons obstructed the official duties of the building inspector, namely, one Subramanian Namboothiri employed in Thalassery Municipality. The crime was registered at 8 P.M. on 13.11.2009. 4. The case of the petitioners is that the second accused wanted to construct a house in his property. A plan was submitted to the Municipality. The building inspector, Subramanian Namboothiri, made some scribbling in the plan making it unfit for future use. This incident happened on 12.11.2009. On 13.11.2009, it is alleged that Subramanian BA No.6911/2009 2 Namboothiri threw away the files towards the second accused and abused him. Subramanian Namboothiri also had beaten the second accused. The spectacles of the second accused were broken causing a loss of Rs.2,000/-. Crime No.693 of 2009 was registered at 7.30 P.M. on 13.11.2009. 5. The case of the petitioners is that Crime No.694 of 2009 was registered with false averments as a counter blast to Crime No.693 of 2009. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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.10,000/- 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.6911/2009 3 c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl