IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4064 of 2009()
1. T.RAMESHAN, S/O.KRISHNAN,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4064 of 2009
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Dated this the 11th day of August, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is
accused No.4 in Crime No.287 of 2009 of Thalassery Police
Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 447, 427 and 153A read with Section 149 of
the Indian Penal Code.
3. The allegation in the FI statement is that the defacto
complainant purchased a plot of land and he started constructing
a house therein. The neighbouring property owners had
removed the door frame and window frame of the new house
under construction and on a petition filed by the defacto
complainant, they were called to the police station and the
matter was settled. After a few days thereafter, about 25
persons caused damage to the house under construction. The
watcher had reported the matter to the defacto complainant and
BA No.4064/2009 2
accordingly, the FI statement was lodged.
4. The petitioner states that the petitioner’s mother had
filed a petition dated 7.2.2009 to the Sub Inspector of Police,
Thalassery stating that the defacto complainant had attempted to
encroach upon the pathway leading to her house. It is submitted
by the petitioner that no action was taken by the police on that
petition. According to the petitioner, the present case is foisted
against him and others only to cover up the illegal acts of the
defacto complainant. It would appear that there are civil
disputes between the parties. Such disputes are to be settled
through civil court, submits the petitioner. While disposing of
this Bail Application, it is not necessary to arrive at any
conclusion on the merits of the contention put forward by the
petitioner.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of the arrest of
the petitioner, the officer in charge of the police station shall
release him on bail on his executing bond for Rs.25,000/- with
two solvent sureties for the like amount to the satisfaction of the
BA No.4064/2009 3
officer concerned, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on alternate Mondays, till
the final report is filed or until further orders;
b) The petitioner shall appear before the investigating officer
for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN,
JUDGE
csl