IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5954 of 2008() ----------------------------- CRIME NO.114/2008 OF CHITTARICKAL POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. YOUSUF ALI, S/O.ABDULKHADER, ODAPLACKAL HOUSE, MUNAYAMKUNNU, KANNIVAYAL P.O. 2. SADIQUE ALI, S/O.ABDUL KHADER, ODAPLACKAL HOUSE, MUNAYAMKUNNU, KANNIVAYAL P.O., PALAVAYAL VILLAGE. 3. SHAMEEM.O.S., S/O.SUHARABEEBI, MUNAYAMKUNNU, KANNIVAYAL. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5954 of 2008 ------------------------------------------------- Dated this the 26th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 341, 323 and 324 read with Section 34 IPC. According to prosecution, on 29.7.2008, at about 8.30 p.m., petitioners allegedly committed house trespass into the residential building of the defacto complainant, wrong fully restrained him and assaulted him in furtherance of common intention. Thereby, the defacto complainant sustained injuries. 3. Learned counsel for the petitioners submitted that there was an agreement for sale of the property belonging to the defacto complainant in favour of the brother of accused nos. 1 to 3 and an amount of Rs.2,70,000/- was advanced. But, thereafter, the defacto complainant failed to execute the sale deed and there was some dispute between them. Now, the dispute is settled and the parties have entered into an agreement as Annexure I and a cheque for Rs.2,50,000/- was issued by the defacto complainant, which is already encashed. Therefore, the defacto complainant BA No.5954/08 2 has no grievance against the petitioners, it is submitted. Copy of the cheque is also produced. 4. After hearing both sides, I find that anticipatory bail can be granted in the peculiar circumstances and hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned and if bail application is filed, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (i) Petitioners shall report before the Investing Officer as and when directed. (ii) Petitioners shall co-operate with the investigation. (iii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl