Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 8TH DAY OF JULY 2013 17TH ASHADHA, 1935 Bail Appl..No. 3343 of 2013 () ------------------------------- CRIME NO. 1193/2012 OF SASTHAMCOTTA POLICE STATION , KOLLAM PETITIONER/1ST ACCUSED: ------------------------- BRITTO, AGED 3 YEARS S/O ANTONY, PARISHAVILA PADINJATTETHEIL, ARINELLOOR P.O THEVALAKKARA BY ADVS.SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA, REPRESNETED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 68203 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B. KEMAL PASHA, J ------------------------------------ B.A. No.3343 of 2013 ----------------------------------- Dated this the 8th day of July, 2013 ORDER
This petitioner is the 1st accused in Crime No.1193/2012 of Sasthamkottah Police Station, registered for the offences punishable under Sections 452, 294(B) and 427 r/w Section 34 of Indian Penal Code.
2. On 8.11.2012 at about 11 am accused Nos.2, 3 and 4 came by an autorickshaw being driven by the petitioner in front of the shop of the defacto complainant and they demanded him to give a glass and soda. When the defacto complainant refused, accused Nos.2, 3 and 4 got down from the autorickshaw, came to the shop and committed mischief after committing house trespass. When people rushed to the spot, they ran away from the spot.
3. Heard the learned counsel for the petitioner, the learned Public Prosecutor and perused the CD.
4. The learned counsel for the petitioner has pointed out that apart from the allegation that accused Nos.2, 3 and 4 came to the spot by autorickshaw being driven by the B.A. No.3343 o”
2. petitioner there is no other allegation against the petitioner to invite any offence. On a perusal of the contents of the CD, it has been revealed that all the allegations are levelled against accused Nos.2, 3 and 4. There is no allegation that the petitioner committed house trespass or mischief. When no overt acts are alleged against the petitioner and no criminal antecedents have been reported against him, I am satisfied that this is a fit case where anticipatory bail can be granted to the petitioner on conditions.
5. In the result, this bail application is allowed and the Investigating Officer or such other police officer who is conducting the arrest of the petitioner is directed to enlarge 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 for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions. (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. B.A. No.3343 o”
3. on all Mondays and Thursdays, commencing from 15.07.2013 for a period of three months or till the filing of the final report in this case, which ever is earlier. (ii) The petitioner shall not tamper with the evidence or influence witnesses. (iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. (iv) The petitioner shall not involve in any offence while on bail. It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. B. KEMAL PASHA, JUDGE ab