IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Bail Appl..No. 3791 of 2008() ----------------------------- CRMP.1454/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 328/2008 OF CHATHANNOOR POLICE STATION APPLICANT/ACCUSED:- ------------------------------------ AYYAPPAN PILLAI, AGED 60 YEARS, S/O RAGHAVAN PILLAI, SATHEESH BHAVAN, MAMPALLIKUNNM, CHATHANNOOR P.O., KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: STATE:- -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, CHATHANNOOR P.O., KOLLAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl. No. 3791 of 2008 ------------------------------------------ Dated this the 16th day of June, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 294(b), 506 (2) and 427 IPC and under Section 27 of the Arms Act. According to prosecution, the petitioner's neighbour tried to annex a portion of petitioner's property to that his property. For this purpose, two lorry loads of granite stones were unloaded in the disputed property. The prosecution case is that the petitioner abused the driver of the lorry in a filthy language and threatened him and also committed mischief by using sword and committed various offences. 3. Learned counsel for the petitioners submitted that there is a dispute between the petitioner and his neigbour in respect of a property. At the instance of the neighbour, driver of the lorry has given a false complaint, it is submitted. Learned Sessions Judge considered the bail application filed by him but it is submitted that factual mistakes are committed by the court and the mistakes were pointed out. In the order, it is mentioned that there is boundary dispute between the petitioner and the de facto complainant, but the [B.A.No. 3791/08] 2 dispute is not between them. It is also submitted that the petitioner is ready to cooperate with the investigation. The recovery of the weapon is already effected and hence he may not be required for custodial interrogation. It is also submitted that petitioner is aged more than 60 years. 3. Learned Public Prosecutor submitted that he has no objection in granting bail on stringent conditions. Hence, the following order is passed: Petitioner shall be released in the event of his arrest on his executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following terms and conditions: (i) The petitioner shall report before the investigating officer on every Monday between 10 A.M. and 1 P.M. until further orders. (ii) The petitioner shall not leave the limits of the police station within which the incident occurred except the prior permission of the Magistrate concerned. (iii) Petitioner shall not threaten or influence any witnesses or tamper with the evidence or indulge in criminal activities in relation to the dispute between himself and his neighbours and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs. [B.A.No. 3791/08] 3