IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5804 of 2006()
1. GEORGE MATHEW @ EYOCHAN, S/O.MATHEW,
... Petitioner
2. MATHEW @ BABU, S/O. THOMAS,
3. BENNY, S/O. JAMES,
4. PARADIYIL WILSON, S/O.THOMAS,
5. ROY, S/O. JOSEPH,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.PROMY KAPRAKKATT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :28/09/2006
O R D E R
J.M.JAMES, J.
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B.A. 5804/2006
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DATED THIS THE 28TH DAY OF SEPTEMBER, 2006
O R D E R
The petitioners are accused 1 to 5, in crime
No.129/2006 of Alakode Police Station, the offence alleged
being under Sections 143, 147, 441 and 447 IPC read with
Section 149 IPC and also under Section 25(a) of the
Telegraph Act.
2. It is alleged that the petitioners had trespassed
into the house of the defacto complainant, disconnected
the telephone from the lines and also pelted stones,
thereby causing damage to the house of the defacto
complainant. On the complaint preferred by the defacto
complainant, the police registered the crime.
3. The counsel submits that a road had been
formed by the petitioners to the dis-like of the defacto
complainant and because of this act, the defacto
complainant developed hatred towards the petitioners,
which led to the foisting of a false case. It is also
B.A.No.5804/2006
2
submitted that all the offence are bailable and the
punishment prescribed under Section 25(a) of the
Telegraph Act is a fine of Rs.1,000/- only.
4. In the above facts situation, I direct the
petitioners, accused 1 to 5, to surrender before the
Investigating Officer, who is investigating crime
No.129/2006 of Alakode Police Station, on 4.10.2006
between 9.30 a.m and 10.00 a.m.
5. The Investigating Officer shall interrogate the
petitioners and thereafter, produce them before the
Court below at 4.30 p.m, on the same day itself.
6. The learned Magistrate shall allow the
petitioners to be on bail, imposing such conditions, as
are deemed necessary, including the reporting of the
petitioners before the Investigating Officer, if so prayed
by the Prosecution.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs