IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3570 of 2008()
1. THAPASI, AGED 50, S/O.STEPHALOS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :12/06/2008
O R D E R
K. HEMA, J.
-----------------------------------
B.A. No. 3570 OF 2008
-----------------------------------
Dated this the 12th day of June, 2008.
O R D E R
This is a petition for anticipatory bail.
2. According to the prosecution, on 14.05.2008, the
petitioner along with the second accused cut down an Anjali tree
and while cutting the tree, a small branch of it fell into the
property of the de facto complainant which is situated adjacent to
the property. Some damage was caused to the plants thereby.
There was a quarrel on account of this and it is alleged that the
de facto complainant was abused, assaulted etc. after
tresspassing into her house.
3. Learned counsel for the petitioner submitted that the
branch fell down accidentally and the de facto complainant in fact
abused the petitioner and the second accused, and there was a
quarrel. But, nothing like assault had taken place.
4. Learned Public Prosecutor submitted that recovery is
already effected and the petitioner may not be required for the
purpose of any recovery. Hence, he has no objection in granting
anticipatory bail to the petitioner on stringent conditions.
Therefore, the following order is passed.
B.A. No. 3570/08 2
1. The respondent shall release the petitioner on bail in
the event of his arrest on his executing a bond for
Rs.25,000/-(Rupees twenty five thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the arresting officer on condition that he
will co-operate with the investigation and appear
before the Investigating Officer as and when directed.
2. He shall also not threaten or intimidate any witnesses
and in case of breach of this condition, bail is liable to
be canceled.
This petition is allowed.
K. HEMA, JUDGE.
smp