IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4096 of 2008() ----------------------------- CRIME NO.327/2008 OF KONNI POLICE STATION PETITIONER/ACCUSED ----------------------------------- PRADEEP, AGED 26 YEARS, S/O.SIVANKUTTY NAIR, KIZHAKKEDATHU HOUSE, KONNI, MANGARA MURI, KONNI VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4096 of 2008 --------------------------------------- Dated this the 23rd day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 511 of 379 IPC. According to the prosecution, on 26.5.2008 at about 9.30 p.m., defacto complainant was returning to her house from the house of one of the relatives. When she reached near the gate, somebody who was following her, snatched the chain from her neck. When she cried, he attempted to break the chain. She caught hold of him by his hand but he pushed her backward and she fell down. Children were also present along with her. Her husband and neighbours came running. They also chased the accused but they could not apprehend him. Later, the accused came that way and on seeing her husband, he made enquiries about the earlier incident. The defacto complainant on hearing the same, came out and identified that person as the accused. She also identified him. But, the accused left the place and on BA No.4096/08 2 enquiries they got his details and hence, a complaint was lodged. 3. Learned counsel for the petitioner submitted that the incident allegedly occurred on 26.5.2008. But, the complaint was given only on 30.5.2008. There is a delay of four days in lodging the complaint. According to him, petitioner is known to the defacto complainant, since they were residing in the neighbourhood long back and there were some quarrel between their family members. It is also seen from the FIS that the petitioner had allegedly gone to the scene, immediately after the occurrence, but, it appears that people of the locality allowed him to go. He was not caught at that time. Further, though the petitioner's name and details were allegedly known to the defacto complainant on the same day, a complaint is filed only after four days. According to learned counsel for the petitioner, it is only a falsely implicated case. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner's name find a place in the FIS itself and in a nature of this case, bail may not be granted. 5. On hearing both sides and on perusal of the BA No.4096/08 3 documents produced and consideration of the various facts and circumstances pointed out, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: (1) The petitioner shall surrender before the Investigating Officer, within seven days from the date of this order and make himself available for interrogation. (2) Thereafter, if the petitioner is arrested, he shall be produced before the Magistrate Court concerned, in accordance with law. (3) On production of the accused before the Magistrate court, if bail application is filed, petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned on the following conditions: (i) Petitioner shall report before the Investigating officer on every Saturday between 5 p.m. and 8 p.m. BA No.4096/08 4 (ii) Petitioner shall co-operate with the investigation. (iii) Petitioner shall not intimidate or influence any witness while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl