IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5417 of 2008()
1. ANEESH.D.R. SHEEJA BHAVAN, ARAMTHANAM,
... Petitioner
2. AJEESH KUMAR, MANNARU KONATHU VEEDU,
3. PRASANTH T.R., NEDUMPURATH VEEDU,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SAJU.S.A
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/09/2008
O R D E R
K.HEMA, J.
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B.A. No.5417 OF 2008
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Dated this the 17th day of September, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
149, 452, 427, 323, 324, 379 of I.P.C. According to the
prosecution, the petitioners along with others trespassed into the
office of a cashew company, in which the defacto complainant is an
employee, assaulted him, committed mischief in the building and
also committed theft of a mobile phone.
3. Learned counsel for the petitioners submitted that a lorry
was being taken into the cashew company, while it hit against an
electric post, the line was damaged thereby and there was lack of
light in locality and people of the locality were agitated and some
incident happened. But things have not transpired as alleged.
Though mobile phone is allegedly lost, offence under Section 379 of
I.P.C. was included only as per a report dated 01.08.2008, after
about 5 days of the incident. Such an allegation was not there in
the First Information Statement, it is submitted. The only non
bailable offence is under Section 452 of I.P.C. But in the
circumstances in which the incident happened, it cannot be said
B.A.5417 of 2008
2
that the allegations would constitute offence under Section 452 of
I.P.C., it is submitted.
4. Learned Public Prosecutor submitted that the petitioners
trespassed into the building and committed mischief in the cashew
company. But it is true that the allegation of offence under Section
379 of I.P.C. was brought in only after 5 days of the incident.
However, he has no objection in granting anticipatory bail on
conditions.
Hence, the following order is passed:
The petitioners shall surrender before the
Investigating Officer within 7 days from today and
in the event of their arrest, if any, they will be
released on bail on their executing bond for
25,000/- each with two solvent sureties each for
like sum to the satisfaction of the Arresting Officer
on condition that they will co-operate with the
investigation and report before the Investigating
Officer as and when directed.
The petition is allowed.
K.HEMA, JUDGE
pac