IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7040 of 2007()
1. MANOHARAN, S/O VASUDEVAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :20/11/2007
O R D E R
R.BASANT, J.
----------------------
B.A.No.7040 of 2007
----------------------------------------
Dated this the 20th day of November 2007
O R D E R
Application for regular bail. The petitioner faces allegations for
offences punishable inter alia under Sections 452 and 361 read with
511 I.P.C. The brother of the petitioner is the de facto complainant.
It is alleged that the petitioner had trespassed into the house and had
attempted to kidnap the daughter of the de facto complainant. There
are bitter disputes between the family members. The alleged incident
took place on 31/10/2007. The crime was registered only on
6/11/2007. Investigation is pending. The petitioner was arrested on
6/11/2007. He continues in custody from that date.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. There was an attempt by the police
officials to settle the disputes. As the petitioner did not implicitly
accept the suggestions of the police officers, a vexatious complaint
has been filed against the petitioner and the police have effected the
arrest. In these circumstances, the petitioner may now be enlarged
on bail, submits the learned counsel for the petitioner.
3. The learned Public Prosecutor fairly does not oppose the
application for regular bail; but submits that for the interests of
harmony, appropriate conditions may be imposed to ensure that the
B.A.No.7040/07 2
petitioner does not enter the arena of dispute for some period of time
after his release.
4. I am satisfied that regular bail can be granted to the
petitioner who has been remaining in custody from 6/11/2007, subject
to appropriate terms and conditions.
5. In the result, this petition is allowed. The petitioner shall
be released on bail on the following terms and conditions:
i) He shall execute a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m and 12
noon on all Mondays for a period of two months and thereafter as and
when directed by the investigating officer in writing to do so.
iii) During the said period of two months, the petitioner shall
not enter the jurisdiction of the Chengannoor police station without
the prior permission of the learned Magistrate except for the purpose
of complying with condition No.2 above.
(R.BASANT, JUDGE)
jsr
B.A.No.7040/07 3
B.A.No.7040/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007