IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2324 of 2010()
1. BIJU SEBATIAN, AGED 39,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :31/05/2010
O R D E R
K. HEMA, J.
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B.A .No. 2324 & 2327 of 2010
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Dated this 31st day of May, 2010.
ORDER
These petitions are for anticipatory bail.
2. The alleged offences are under Sections 452, 323, 427
read with Section 34 IPC. According to prosecution, on 27.3.2010
at about 6.40 p.m., petitioners committed trespass in to the
shop building of de facto complainant’s husband and voluntarily
caused hurt to him and also destroyed some soda bottle.
3. Learned counsel for petitioners submitted that petitioners
have not committed any offence. De facto complainant’s husband
arranged a loan for first accused on high rate of interest through a
private financier. Though the amount was paid, de facto
complainant’s husband demanded more amount which first was
not prepared to pay. He told de facto complainant’s husband that
the matter will be informed to the police and hence a false
complaint is made. It is also pointed out that no injury is sustained
by de facto complainant’s husband, though some persons have
allegedly assaulted him.
4. Learned Public Prosecutor submitted that there is a motive
B.A.Nos.2324 & 2327/2010] 2
for the offence. De facto complainant’s husband had arranged a
loan for first accused but he failed to pay the amount and when
demands were made for return of money, he had committed the
offence along with another.
5. On hearing both sides, considering the facts pointed out ,
I am satisfied that anticipatory bail can be granted to petitioners on
conditions. Hence, the following order is passed
1) Petitioners (A1 and A2) shall surrender before the
Magistrate Court concerned within 7 days from
today.
2) In the event of arrest, petitioners shall be released
on bail on their executing Rs.25,000/- (Rupees
Twenty five thousand only) each with two solvent
sureties each for the like sum to the satisfaction
of the learned Magistrate on the following
conditions:
(i) Petitioners shall report before the
Investigating Officer on every Monday
between 10 a.m. and 1p.m.
(ii) Petitioners shall not influence or
B.A.Nos.2324 & 2327/2010] 3
intimidate any witness or tamper with
evidence.
(iii) In case petitioner is involved in similar
offence, bail is liable to be cancelled.
Petitions are allowed.
K. HEMA, JUDGE.
Krs.