High Court Kerala High Court

Bloosent vs State Of Kerala on 11 March, 2008

Kerala High Court
Bloosent vs State Of Kerala on 11 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1485 of 2008()


1. BLOOSENT, AGED 24 YEARS, S/O.ABRAHAM,
                      ...  Petitioner
2. ABRAHAM, AGED 62 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.K.SUNILKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :11/03/2008

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                        B.A.No.1485 of 2008
                       -------------------------------------
              Dated this the 11th day of March, 2008

                                   ORDER

Application for anticipatory bail. Petitioners are accused 1

and 2. Altogether there are 2 accused persons. The petitioners

have a property dispute with the defacto complainant, a

neighbour. The crux of the allegations is that on account of such

property dispute, the petitioners trespassed into the property of

the defacto complainant and took away cash, key of a car and

property documents from the possession of the defacto

complainant. The crime has been registered alleging offences

punishable, inter alia, under Section 379 I.P.C. A counter case has

also been registered under Sections 447 and 324 I.P.C.

Investigation is in progress. The petitioners apprehend imminent

arrest.

2. The learned counsel for the petitioner prays, the

learned Public Prosecutor does not oppose the said prayer and I

am satisfied, in the facts and circumstances of the case to which

brief reference has already been made that anticipatory bail can

be granted to the petitioner subject to appropriate terms and

conditions.

B.A.No.1485 of 2008 2

3. In the result, this Bail Application is, allowed. The

following directions are issued under Section 438 Cr.P.C.

i) The petitioners shall appear before the learned

Magistrate at 11 a.m on 17.03.08. They shall be enlarged on

regular bail on their executing a bond for Rs.50,000/- (Rupees

Fifty thousand only) each with two solvent sureties each for the

like sum to the satisfaction of the learned Magistrate;

ii) The petitioners shall make themselves available for

interrogation before the Investigating Officer between 10 a.m and

5 p.m on 18.03.08 and 19.03.08. During this period, the

Investigating Officer shall be at liberty to interrogate the

petitioners in custody and take all necessary steps the proper

conduct of the investigation. Thereafter the petitioners shall make

themselves available for interrogation before the Investigating

Officer between 10 a.m and 12 noon on all Mondays and Fridays

for a period of one month and subsequently as and when directed

by the Investigating Officer in writing to do so;

iii) If the petitioners do not appear before the learned

Magistrate as directed in clause (i), directions issued above shall

thereafter stand revoked and the police shall be at liberty to

arrest the petitioners and deal with them in accordance with law

as if those directions were not issued at all;

B.A.No.1485 of 2008 3

iv) If the petitioners were arrested prior to their surrender

on 17.03.08 as directed in clause (1) above, they shall be

released from custody on their executing a bond for Rs.50,000/-

(Rupees Fifty thousand only) without any sureties undertaking to

appear before the learned Magistrate on 17.03.08.

(R.BASANT, JUDGE)
rtr/-