IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6815 of 2008() ----------------------------- CRIME NO.375/2008 OF KATTAKKADA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- GIREESH LAL, AGED 31 YEARS, S/O. RAVEENDRAN, MALETHOZHUVARATHALA VEEDU, THOONGAMPARA, KATTAKKADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6815 of 2008 ----------------------------------------- Dated this the 14th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 332 and 379 of the Indian Penal Code. According to prosecution, the motorbike driven by petitioner hit against the bicycle which de facto complainant was riding. De facto complainant is a Postman. He fell down from the bicycle and there was a quarrel with each other. It is alleged that de facto complainant was assaulted by petitioner and Rs.200/- was taken away and he was prevented from discharging his official duty. 3. Learned counsel for petitioner submitted that an accident occurred and there was a quarrel between two persons. The people of the locality gathered there and the matter was squared up and petitioner left the place. But, in the course of quarrel, petitioner told de facto complainant that he would file a complaint against him. But, later he came to know that de facto complainant filed a complaint against petitioner making false allegations, it is submitted. BA.6815/08 2 4. Learned counsel for petitioner pointed out that even as per the allegations in the First Information Statement, the case of de facto complainant is that Rs.200/- had fallen down from his pocket and petitioner would have taken it away. The allegations made will not constitute any of the offences as alleged, it is submitted. 5. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the investigating officer and subject to that, he has no objection in granting bail. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and he shall be released on bail, in the event of his arrest, on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioner shall report before investigating officer as and when directed. ii) Petitioner shall co-operate with the investigation and make himself available for interrogation. BA.6815/08 3 iii) Petitioner shall not influence or intimidate any witness while on bail. Petition is allowed. K.HEMA, JUDGE vgs.