IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6911 of 2009()
1. SAJAYAN.K, AGED 41 YEARS,
... Petitioner
2. CHALIL SATHEESH, KUNNATHIDATH,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.V.AMARESAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6911 of 2009
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Dated this the 26th day of November, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.1 and 2 in Crime No.694 of 2009 of Thalassery
Police Station.
2. The offence alleged against the petitioners is under
Section 332 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that on 13.11.2009, the
accused persons obstructed the official duties of the building
inspector, namely, one Subramanian Namboothiri employed in
Thalassery Municipality. The crime was registered at 8 P.M. on
13.11.2009.
4. The case of the petitioners is that the second accused
wanted to construct a house in his property. A plan was
submitted to the Municipality. The building inspector,
Subramanian Namboothiri, made some scribbling in the plan
making it unfit for future use. This incident happened on
12.11.2009. On 13.11.2009, it is alleged that Subramanian
BA No.6911/2009 2
Namboothiri threw away the files towards the second accused
and abused him. Subramanian Namboothiri also had beaten the
second accused. The spectacles of the second accused were
broken causing a loss of Rs.2,000/-. Crime No.693 of 2009 was
registered at 7.30 P.M. on 13.11.2009.
5. The case of the petitioners is that Crime No.694 of
2009 was registered with false averments as a counter blast to
Crime No.693 of 2009.
6. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioners.
There will be a direction that in the event of the arrest of
the petitioners, the officer in charge of the police station shall
release them on bail on their executing bond for Rs.10,000/-
each with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioners shall appear before the investigating officer
for interrogation as and when required;
b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
BA No.6911/2009 3
c) The petitioners shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN,
JUDGE
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