Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE28H DAY OF OCTOBER20146TH KARTHIKA, 1936 Bail Appl..No. 7590 of 2014 --------------------------------------- CRIME NO. 1254/2014 OF EZHUKONE POLICE STATION , KOLLAM DISTRICT ----------------- PETITIONER(S) / ACCUSED : ------------------------------------------ 1. GIRISH KUMAR, AGED44YEARS, S/O.GOPALAKRISHNA PILLA, VAKKANADU, KOLLAM DISTRICT.
2. ANIL KUMAR, AGED38YEARS, S/O.THANKAPPAN PILLA, PUNNOTTU MELETHIL, VAKKANADU, KOLLAM DISTRICT.
3. R.CHANDRASEKHARAN PILLA, AGED49YEARS, S/O.RAGHAVAN PILLAI, VIDYA BHAVAN, VAKKANAD, KOLLAM DISTRICT. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT(S) / STATE : --------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 (CRIME NO.1254/14 OF EZHUKONE POLICE STATION, KOLLAM DISTRICT) 2. THE STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM DISTRICT - 691 505. (CRIME NO.1254/14 OF EZHUKONE POLICE STATION, KOLLAM DISTRICT) BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2810-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.7590 of 2014 ````````````````````````````````````````````````````````````` Dated this the 28th day of October, 2014 ORDER
~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C.
2. Petitioners are the accused in Crime No.1254/2014 of Ezhukone Police Station registered for the offences punishable under Sections 452, 294(b) and 506(ii) IPC.
3. The allegation against the petitioners is that, on 09.10.2014 at 11.30 p.m. they kicked open the door of the house of the de facto complainant and committed house trespass into it and abused the de facto complainant and his wife and also intimidated the wife of the de facto complainant by placing a sword on the neck of the wife of the de facto complainant.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BA.7590/2014 :
2. :
5. It has come out that there were property disputes between the de facto complainant and the petitioners. It is the case of the petitioners that the de facto complainant frequently used to cause disturbance to the de facto complainant and his wife by sitting and consuming liquor in front of the house of the de facto complainant. On 2-3 occasions, the petitioners had to file complaints against the de facto complainant. It seems that a crime was registered as Crime No.10/2014 of the Ezhukone Police Station at the instance of the petitioners as against the de facto complainant on a previous occasion.
6. Considering the long standing enmity between the parties and the pending civil disputes, the possibility of false implication cannot be ruled out. Whatever it is, considering the present stage of investigation, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein BA.7590/2014 :
3. : anticipatory bail can be granted to the petitioners.
7. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 31.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier. (ii) The petitioners shall not tamper with the evidence or influence witnesses. (iii) The petitioners shall make themselves available for interrogation as and when required BA.7590/2014 :
4. : by the investigating officer. (iv) The petitioners 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. Sd/- (B.KEMAL PASHA, JUDGE) aks/28/10 // True Copy // PA to Judge