IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6727 of 2008(A) ------------------------------------- CRMP.2484/2008 of SESSIONS COURT, KOTTAYAM CRIME NO. 174/2008 OF VAKATHANAM POLICE STATION .................... PETITIONERS/ACCUSED : ------------------------------ 1. P.J.THOMAS S/O. JOSEPH, KANDRAMATTOM PUTHENPURAYIL HOUSE, ERAVUCHIRA P.O., THOTTAKKAD - VAKATHANAM. 2. LEELAMMA THOMAS W/O. P.J.THOMAS, KANDRAMATTOM PUTHENPURAYIL HOUSE, ERAVUCHIRA P.O., THOTTAKKAD - VAKATHANAM. 3. BIJI THOMAS, VAZHAYIL HOUSE, ERAVUCHIRA P.O., THOTTAKKAD - VAKATHANAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR RESPONDENTS/COMPLAINANT & STATE : --------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VAKATHANAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6727 OF 2008 ------------------------------ Dated this the 7th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the defacto complainant, who is the Advocate Commissioner, inspected the disputed property on 07.10.2008 under a warrant of commission issued by the court. But she was prevented from inspecting the property by petitioners and on a complaint lodged by her, a crime was registered under various sections. 3. Learned counsel for petitioners submitted that petitioners have not committed any act intentionally. The petitioners found a person causing measurement of the disputed property and this was objected to since there was a dispute existing in respect of the said property. But no criminal force was used as required for offence under section 352 of I.P.C. The defacto complainant herself was satisfied of the bonafide of petitioners and she has given a statement before the police stating that she is withdrawing all the allegations levelled against petitioners and she does not intent to continue with the prosecution. It is also submitted that an exparte order was B.A.6727 of 2008 2 obtained and the defacto complainant had gone for inspection on the basis of such order and petitioners were not aware that there was an order of the court. 4. Learned Public Prosecutor submitted that in the light of the statement given by the defacto complainant, he has no objection in granting anticipatory bail. Hence, the following order is passed : Petitioners shall surrender before Magistrate court concerned and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i. Petitioners shall co-operate with the investigation. ii. Petitioners shall report before the Investigating Officer as and when directed. ii. Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac