IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7916 of 2008()
1. NAZAR, S/O.KHADER, AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.P.MADHU
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :01/01/2009
O R D E R
K. HEMA, J.
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B.A. No. 7916 of 2008
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Dated this the 1st day of January,2009
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 452 and 332
IPC. According to prosecution, petitioner trespassed into the
Electricity Office and assaulted an Overseer, asking him what
he had done etc., and deterred him from discharging his official
duty. On the complaint of the Overseer, the Asst. Executive
Officer lodged an First Information Statement, based on which,
F.I.R. was registered against petitioner.
3. Learned counsel for petitioner submitted that
petitioner is an illiterate person. He has six cents of property
and his neighbour wanted to draw an electric line over
petitioner’s property, which was objected to by petitioner, since
he will not be able to construct a proper house in future, if
drawing is allowed. Several times, the neighbour attempted to
get petitioner’s consent and official in the K.S.E.B. were also
influenced by him to get consent from petitioner. Petitioner was
called to the K.S.E.B. office by the Overseer. He went there and
petitioner’s signature was obtained fraudulently by the Overseer
and later, the line was drawn over the petitioner’s property
while petitioner was not available in the house.
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4. Petitioner’s wife objected to this, when it was made
known to her that a consent was obtained from petitioner. When
petitioner knew that consent was fraudulently obtained by him,
he went to the office and he found Overseer standing on the
road. There was an altercation between petitioner and overseer
regarding obtaining of signature from petitioner and nothing
more had happened. The complaint is lodged falsely against
petitioner and hence, he may be granted anticipatory bail, it is
submitted.
5. Learned Public Prosecutor submitted that the
allegations are serious in nature, but nothing is stated in the
complaint as to why petitioner had acted in the manner against
the Overseer.
6. On hearing both sides, I am satisfied that anticipatory
bail can be granted to petitioner and hence, the following order
is passed:-
(1) Petitioner shall surrender before the Magistrate
court concerned within seven days from today
and he shall be released on bail, on his
executing a bond for Rs. 25,000/- with two
solvent sureties each, for the like amount, to
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the satisfaction of the learned Magistrate, on
the following conditions:-
i) Petitioner shall co-operate with the
investigation and report before the the
Investigating Officer as and when
directed.
ii) Petitioner shall not commit any offence
while on bail.
This petition is allowed.
K.HEMA, JUDGE.
mn.
