IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
Bail Appl..No. 7574 of 2018
CRIME NO. 868/2018 OF ALATHUR POLICE STATION , PALAKKAD
APPLICANTS/ACCUSED NOS.1 AND 2:
AGED 46 YEARS,
S/O.KUNJELAN, HARINIVAS, VADAKKUMURI, ATHIPOTTA, ALATHUR,
AGED 47 YEARS
KUNJUNNI, KUNDUTHOD, PADOOR P.O., ALATHUR, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
SMT MAYA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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The petitioners are accused Nos. 1 and 2 in Crime No. 868 of 2018
of Alathur Police Station, Palakkad for offences punishable under
Sections 341, 323 and 354 r/w Section 34 IPC.
2. The case of the prosecution is that on 28.10.2018, at about 2
p.m., the accused with their common intention, attacked the de facto
complainant and caused hurt to her. It is also alleged that the accused
caused hurt on her breast and thereby committed the aforesaid offences.
3. The learned counsel for the petitioners argued that the
petitioners are innocent of the allegations levelled against them and
there are no allegations in the FI statement to constitute an offence
under Section 354 IPC. He has further submitted that in fact, the
petitioners were attacked by the de facto complainant and others and
Crime No. 869 of 2018 was registered against them.
4. I have heard the learned Public Prosecutor as well.
4. The case is related to the civil dispute and the parties are
neighbours and the counter case is also pending.
5. Considering the above circumstances and the arguments
advanced by both sides, I am inclined to grant anticipatory bail by
invoking Section 438 of the Cr.P.C on the following conditions:
1. The petitioners herein shall surrender before the SHO, Alathur
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Police Station, Palakkad on or before 04.12.2018 between 10
a.m and 11 a.m. and they shall be released on bail on
executing a bond for Rs.50,000/- (Rupees fifty thousand only)
each with two solvent sureties each for the like sum to the
satisfaction of the Investigating Officer.
2. The petitioners shall appear before the SHO, Alathur Police
Station at 9 a.m. on every Saturdays for three months
commencing from 08.12.2018 or till the charge sheet is filed,
whichever is earlier.
3. The petitioners shall not influence the witnesses or tamper any
evidence in this case.
4. If the petitioners violates any of the above conditions, the bail
granted to them shall stand cancelled, forthwith.
This application is allowed as above.
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