IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1485 of 2008()
1. BLOOSENT, AGED 24 YEARS, S/O.ABRAHAM,
... Petitioner
2. ABRAHAM, AGED 62 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.SUNILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/03/2008
O R D E R
R.BASANT, J
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B.A.No.1485 of 2008
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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/-