IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 1284 of 2010() 1. ASOKAN, S/O.RAGHAVAN,THATTANPURAKKAL ... Petitioner 2. PREMKUMAR, S/O.RAGHAVAN,THATTANPURAKKAL Vs 1. THE STATE OF KERALA, REP. BY THE SUB ... Respondent For Petitioner :SRI.G.SREEKUMAR (CHELUR) For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR Dated :10/03/2010 O R D E R M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.1284 OF 2010 ------------------------------------------ Dated 10th March 2010 O R D E R
Petitioners are the accused in
crime No.18/2010 of Chelakara police
station registered for the offences under
Sections 452, 341, 323, 324, 294(b) and 354
read with Section 34 of Indian Penal Code.
Petitioners approached the learned Sessions
Judge, Thrissur for anticipatory bail. By
Annexure-A1 order, it was dismissed. This
petition is filed under Section 438 of Code
of Criminal Procedure to release them on
bail in the event of their arrest.
2. Learned counsel appearing for
the petitioners and learned Public
Prosecutor were heard.
3. Prosecution case is that
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petitioners trespassed into the house of de
facto complainant and caused hurt by beating
him with a chapel and caught hold of the hand
of the lady and thereby insulted her modesty
and also scolded them using obscene language
and thereby committed the offences. From the
nature of the offences alleged, I do not find
that custodial interrogation of the accused is
mandatory. In such circumstances, petitioners
are to be released on bail, in the event of
their arrest.
Petition is disposed as follows. In the
event of arrest of the petitioners in crime
No.18/2010 of Chelakara police station, they
shall be released on bail on executing bond to
the satisfaction of the Investigating Officer
on the following conditions.
1) Petitioners shall appear before the
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Investigating Officer as and when required.
2) Petitioners shall not induce or
threaten any person from disclosing facts known
to them to the Investigating Officer or to the
court.
3) Petitioners shall not leave India
without permission of the concerned Magistrate.
4) The order will prevail for three
weeks and it is upto the petitioners to
approach the concerned Magistrate and seek
regular bail.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.