IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1485 of 2008() ----------------------------- CRIME NO.126/08 OF KURUPPAMPADY POLICE STATION : PETITIONERS/ACCUSED NO.1 & 2 --------------------------------------------- 1. BLOOSENT, AGED 24 YEARS, S/O.ABRAHAM, KAPPIKUZHICHALIL HOUSE, KEEZHILLAM KARA, RAYAMANGALAM VILLAGE. 2. ABRAHAM, AGED 62 YEARS, S/O.MOSA, KAPPIKUZHICHALIL HOUSE, KEEZHILLAM KARA, RAYAMANGALAM VILLAGE. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1485 of 2008 ------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 and 2. Altogether there are 2 accused persons. The petitioners have a property dispute with the defacto complainant, a neighbour. The crux of the allegations is that on account of such property dispute, the petitioners trespassed into the property of the defacto complainant and took away cash, key of a car and property documents from the possession of the defacto complainant. The crime has been registered alleging offences punishable, inter alia, under Section 379 I.P.C. A counter case has also been registered under Sections 447 and 324 I.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of the case to which brief reference has already been made that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions. B.A.No.1485 of 2008 2 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 17.03.08. They shall be enlarged on regular bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 18.03.08 and 19.03.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; B.A.No.1485 of 2008 3 iv) If the petitioners were arrested prior to their surrender on 17.03.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 17.03.08. (R.BASANT, JUDGE) rtr/-