IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Bail Appl..No. 3570 of 2008() ---------------------------------------- CRIME NO.316/2008 OF PARASHALA POLICE STATION ...... PETITIONER : ACCUSED: ------------------------- THAPASI, AGED 50, S/O.STEPHALOS, T.S.BHAVAN, MANAPUZHAYIL, PARASUVEKKAL P.O., PARASHALA, THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3570 OF 2008 ----------------------------------- Dated this the 12th day of June, 2008. O R D E R This is a petition for anticipatory bail. 2. According to the prosecution, on 14.05.2008, the petitioner along with the second accused cut down an Anjali tree and while cutting the tree, a small branch of it fell into the property of the de facto complainant which is situated adjacent to the property. Some damage was caused to the plants thereby. There was a quarrel on account of this and it is alleged that the de facto complainant was abused, assaulted etc. after tresspassing into her house. 3. Learned counsel for the petitioner submitted that the branch fell down accidentally and the de facto complainant in fact abused the petitioner and the second accused, and there was a quarrel. But, nothing like assault had taken place. 4. Learned Public Prosecutor submitted that recovery is already effected and the petitioner may not be required for the purpose of any recovery. Hence, he has no objection in granting anticipatory bail to the petitioner on stringent conditions. Therefore, the following order is passed. B.A. No. 3570/08 2 1. The respondent shall release the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation and appear before the Investigating Officer as and when directed. 2. He shall also not threaten or intimidate any witnesses and in case of breach of this condition, bail is liable to be canceled. This petition is allowed. K. HEMA, JUDGE. smp