IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7585 of 2009()
1. PEETHAMBARAN @ KANCHIYAR
... Petitioner
2. MANOJ, AGED 33 YEARS,
Vs
1. STATE REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.A.P.SUBHASH
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :01/01/2009
O R D E R
P. Q. BARKATH ALI, J.
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B.A.No.7585 of 2009
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Dated this 01st day of January, 2010
ORDER
This is a bail application filed by accused Nos.1 and 2 in crime
No.689 of 2009 of Kattapana Police Station coming within the
jurisdiction of First Class Magistrate, Kattapana under section 439 of
the Code of Criminal Procedure.
2. The allegation against the petitioners is that they along
with accused Nos.3 to 6 trespassed into the property of Kattapana
Grama Panchayath, opposite to Kattapana bus stand and constructed a
shed therein on 07-12-2009 at 10.30 a.m and that when the de-facto
complainant, who is the Secretary of Grama Panchayath tried to
remove the obstruction, they threatened to kill him and caused
damage to the wire fencing and boundary stone of that property to the
extent of Rs.5000/- and thereby committed offences punishable under
sections 447, 143, 144, 147, 148, 309, 353, 427 r/w 149 IPC and
section 3(1) of P.D.P.P Act. The petitioners were arrested on 07-12-
2009 and the learned Magistrate remanded them thereafter. Trial
court refused to grant bail to accused Nos.1 and 2 but released on bail
accused Nos.3 to 6.
3. It is submitted by learned counsel for petitioners that the
property in dispute belonged to 5th accused who is the mother of 1st
accused who obtained the property under a sale agreement dated 03-
B.A.No.7585 of 2009 2
04-1971 executed by one Joseph Thomas, copy of which is produced as
annexure B document and that they are innocent of the offences
alleged against them.
4. Notice given to the Public Prosecutor. The petition is
opposed by Public Prosecutor. Heard the counsel for petitioner and
Public Prosecutor.
5. The accused are asserting their right over the disputed
property through annexure B document. Therefore it is a civil dispute
between the petitioners and Panchayath. Further they are arrested on
07-12-2009 and is in custody for more than 24 days. It is submitted by
Public Prosecutor that main witnesses have already being questioned
by the police. Further, accused Nos.3 to 6 have already been released
on bail. In the circumstances I feel that petitioners can be released on
bail, but on conditions.
In the result, the petition is allowed. Petitioners shall be released
on bail on their executing bond for Rs.25,000/- (Rupees Twenty Five
Thousand Only) with two solvent sureties each for the like sum each to
the satisfaction of the lower court on the following conditions.
(i) Petitioner shall appear before the investigating
officer as and when ordered.
(ii) Petitioners shall cooperate with the investigation
and shall not commit similar offences while on bail.
B.A.No.7585 of 2009 3
(iii) Petitioners shall not try to influence the witnesses
or intimidate the witnesses or tamper with the
evidence.
P. Q. BARKATH ALI,
JUDGE
Sbna/
h/o