High Court Kerala High Court

Pramod vs State Of Kerala on 23 April, 2010

Kerala High Court
Pramod vs State Of Kerala on 23 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2493 of 2010()


1. PRAMOD, S/O. MAYANDI @ APPUNNI,
                      ...  Petitioner
2. BALAKRISHNAN, S/O. MAYANDI@ APPUNNI,

                        Vs



1. STATE OF KERALA, REPRESENTEDE BY
                       ...       Respondent

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :23/04/2010

 O R D E R
                         P.Q. BARKATH ALI, J.
               ---------------------------------------------
                  Bail Application No.2493 of 2010
               ---------------------------------------------
                Dated this the 23rd day of April, 2010

                              O R D E R

This is an anticipatory bail application filed by accused 1 and

2 in Crime No.147/2010 of Kuttippuram Police Station,

Malappuram District under Section 438 of Cr.P.C.

2. The allegation against the petitioners is that on April 12,

2010 at about 8 a.m. the accused trespassed into the house of

the defacto complainant and manhandled and beat her and

thereby committed offences punishable under Sections 452, 323,

506(2) r/w Section 34 of IPC.

3. It is alleged in the petition that on the same day at

about 10.40 a.m. the uncle of the defacto complainant in this

case trespassed into the house of the petitioners and attacked

the first petitioner and his mother for which Crime No.163/2010

was registered by the Kalpakamchery Police Station, that to

escape from that case, the present case has been foisted against

the petitioners and that the petitioners apprehend arrest and

harassment by police and therefore anticipatory bail may be

BA No. 2493 of 2010
-:2:-

granted to the petitioners.

4. Notice given to the Public Prosecutor. Heard counsel for

the petitioners and Public Prosecutor.

5. For the following reasons I am inclined to grant

anticipatory bail to the petitioners. The defacto complainant is a

relative of the first petitioner. This is essentially a family dispute.

Further it is alleged that in another incident on the same day the

uncle of defacto complainant attacked the first petitioner and

caused injuries to him. For which Crime No.163/2010 was

registered by the Kalpakamchery Police Station. The copy of the

FIR in that case was produced. Taking into consideration the

circumstances of the case and the facts that the petitioner and

defacto complainant are relatives, I feel that the apprehension of

the petitioners that they will be arrested and harassed at the

hands of the police appears to be true. Therefore I feel that this

is a fit case in which anticipatory bail can be granted to the

petitioners.

In the result, the petition is allowed. The respondent is

directed to release the petitioners on bail, if arrested, on

BA No. 2493 of 2010
-:3:-

executing a bond for Rs.25,000/-(Rupees twenty five thousand

only)each with two solvent sureties for like sum each. If

arrested and released on bail, the petitioners shall co-operate

with the investigation and shall appear before the investigating

officer as and when ordered.

P.Q. BARKATH ALI,
Judge
ttb