IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2252 of 2010()
1. GEEVAGHESE, AGED 46, S/O. DANIEL,
... Petitioner
2. BIJU DANIEL, AGED 37, S/O. DANIEL,
3. K. DANIEL, AGED 76,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.T.A.SHAJI
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/04/2010
O R D E R
P.Q. BARKATH ALI, J.
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Bail Application No.2252 of 2010
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Dated this the 23rd day of April, 2010
O R D E R
This is an anticipatory bail application filed by the accused
in Crime No.772/2010 of Kottarakkara Police Station, Kollam
District under Section 438 of Cr.P.C.
2. The allegation against the petitioners/accused who are
the father and sons is that on 05.04.2010 at about 9.30 p.m., the
accused manhandled the defacto complainant and caused injuries
to him and thereby committed offences punishable under
Sections 447, 323, 326, 294(b) and 34 of IPC.
3. It is alleged in the petition that on 28.03.2010 at about
11 p.m. the defacto complainant and others manhandled the
petitioners for which a case has been registered as Crime
No.745/2010 by the Kottarakkara Police and this case has been
registered on 05.04.2010, that the present case is falsely foisted
against the petitioners and they apprehend arrest and
harassment by the police and therefore anticipatory bail can be
granted to the petitioners.
BA No. 2252 of 2010
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4. Notice given to the Public Prosecutor. Heard counsel for
the petitioner and Public Prosecutor.
5. For the following reasons I am inclined to grant
anticipatory bail to the petitioners. There is case and counter
case with regard to the same incident. Accused also suffered
injuries in the incident. Therefore, the apprehension of the
petitioners regarding the arrest and harassment at the hands of
the police appears to be true. Therefore, I feel that this is a fit
case in which anticipatory bail can be granted to the petitioners.
6. In the result, the petition is allowed. The respondent is
directed to release the petitioners on bail if arrested, on
executing a bond for Rs.25,000/-(Rupees twenty five thousand
only)each with two solvent sureties for like sum each. If
arrested and released on bail, the petitioners shall co-operate
with the investigation and shall appear before the investigating
officer as and when ordered.
P.Q. BARKATH ALI,
Judge
ttb