Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE25H DAY OF MARCH20144TH CHAITHRA, 1936 Bail Appl..No. 1992 of 2014 () ------------------------------- CRIME NO. 137/2014 OF NATTUKAL POLICE STATION , PALAKKAD DISTRICT --------------------------------- PETITIONERS/ACCUSED: ---------------------------------------- 1. MUHAMMED,S/O RAYIN, AGED58YEARS, ALAKKAL HOUSE, VATTAMANNAPURAM, EDATHANATTUKARA, MANNARKKAD, PALAKKAD DISTRICT.
2. ABU, S/O RAYIN,AGED50YEARS, ALAKKAL HOUSE, VATTAMANNAPURAM, EDATHANATTUKARA, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE AND COMPLAINANT: ----------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, PALAKKAD DISTRICT, PIN:678 583. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2503-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.1992 of 2014 -------------------------------------------- Dated this the 25th day of March 2014 ORDER
Petitioners are accused in Crime No.137 of 2014 of the Nattukal Police station for the offences punishable under Secs.452 and 323 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 04.03.2014 at about 5 a.m., the petitioners trespassed into the house of the defacto complainant and assaulted him.
3. Learned counsel submitted that the allegations against the petitioners are not true.
4. On hearing both sides it is revealed that the petitioners and the defacto complainant are direct brothers and there was some dispute regarding properties partitioned and its boundaries. The defacto complainant had filed a suit for injunction and obtained interim order against the petitioners concerning the Bail Appl. No.1992 of 2014 2 disputed property. While so, the alleged incident occurred.
5. According to the petitioners, the defacto complainant and others trespassed into the undisputed portion of the property and attacked them for which Crime No.133 of 2014 is registered for the offences under Secs.448, 323, 324, 308 and 427 read with Sec.34 of the Indian Penal Code.
6. In the light of the relevant circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. Hence, I am inclined to grant relief to the petitioners but subject to conditions. The application is allowed as under.
1. Petitioners shall surrender before the officer investigating Crime No.137 of 2014 of the Nattukal Police station on 02.04.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the Bail Appl. No.1992 of 2014 3 petitioners on any other day/days and time which the petitioners shall comply.
3. In case the petitioners are arrested, they shall be released by the arresting officer on bail on their executing bond for Rs.15,000/- (Rupees fifteen thousand only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions: a) Petitioners shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months from this day or until filing of the final report, whichever is earlier. b) Petitioners shall report to the investigating officer as and when required for interrogation. c) Petitioners shall not get involved any offence during the period of this bail. d) Petitioner shall not intimidate or Bail Appl. No.1992 of 2014 4 influence the witnesses. e) In case any of the above conditions is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge Bail Appl. No.1992 of 2014 5