IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 5483 of 2008() ----------------------------- CRIME NO. 529/2008 OF THIRUVALLA POLICE STATION (S): PETITIONERS/ACCUSED 1-3 ------------------------------------------- 1. M.K.KRISHNA KUMAR, GED 39 YEARS, MUDIYIL HOUSE, PELA P.O, MAVELIKKARA, ALLEPPEY DISTRICT. 2. K.P.SURESH KUMAR, KALEEKAL THEKKETHIL, IMPERNADU, KALLUMALA.P.O, MAVELIKKARA. 3. ANIMON, AGED 39 YEARS, EDAYILE VEEDU, KALLAMMOODU, KAYAMKULAM. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.529 OF 2008 OF THIRUVALLA POLICE STATION) PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5483 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 149, 452, 323, 427, 506(ii) and 294(b) IPC. According to prosecution, petitioners who are accused 1 to 3 committed house trespass into the house of defacto-complainant and destructed house hold articles and assaulted defacto- complainant. There was a dispute between the parties regarding the share allotted to defacto-complainant in the family property. 3. Learned counsel for the petitioners submitted that the only non-bailable offence involved is under section 452, but no weapon was used and no preparations were allegedly made for commission of offence. The incident occurred at the spur of a moment and petitioners are not required for recovery of any weapon. The matter is being settled with the intervention of the father of petitioners and hence anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that the incident occurred as early as on 17-7-2008 and petitioners could not be arrested so far. Hence, petitioners may be directed to surrender and co-operate with the investigation. 5. Hence, the following order is passed:- BA 5483/08 -2- (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today if any bail application is filed, petitioners shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall make themselves available for interrogation by police as and when directed. ii) Petitioners shall not intimidate or influence any witness or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.