Allowed

Mathewchen George & Another v. State of Kerala

Kerala HC4 Oct 2011Bail Appl./5924/2011

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted anticipatory bail to two petitioners accused under the Indian Penal Code for trespass, mischief, and stealing. Reliance was placed on the pendency of a civil suit over property disputes, leading the court to view the criminal allegations as unmaintainable.

What did the court decide?

Anticipatory bail granted on execution of bond for Rupees Ten thousand each with two sureties for like amount, subject to conditions of appearance and non-interference.

Mathewchen George & Another Vs State of Kerala — Property and Title | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933

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Bail Appl..No. 5924 of 2011

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CRIME NO.84 OF 2011 OF KARIMKUNNAM POLICE STATION, IDUKKI.

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PETITIONERS/ACCUSED NOS.1 AND 2:

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MATHEWCHEN GEORGE,S/O.GEORGE, AGED 30 YEARS,VELLARINGADU VEEDU, KADANADU KARA, KADANADU VILLAGE, MEENACHIL TALUK,PALA, KOTTAYAM.

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CYRIAC,AGED 34 YEARS,S/O.GEORGE, VELLARINGADU VEEDU,KADANADU KARA, KADANADU VILLAGE, MEENACHIL TALUK, PALA,KOTTAYAM.

BY ADV. SRI.S.RAJEEV

RESPONDENT: STATE

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.84/2011 OF KARIMKUNNAM POLICE STATION, IDUKKI DISTRICT).

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PUBLIC PROSECUTOR SRI.V.MANU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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-----------------------------------------------------Bail Appl. NO. 5924 OF 2011

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Dated this the 4^th day of October, 2011

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.84 of 2011 of Karimkunnam Police Station, Idukki District.

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The offences alleged against the accused are under Sections 143, 147, 447, 427 and 379 of the Indian Penal Code.

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It is submitted that there are property disputes between the de facto complainant and the accused persons. Civil suits and appeals are pending. The allegation is that the petitioners trespassed upon the property, committed mischief and stealthily took away a portion of the barbed wire fence. Since civil disputes are pending, it is submitted that none of the offences alleged against the petitioners would be maintainable.

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BAIL APPL. NO. 5924 OF 2011

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:: 2 ::

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Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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a) The petitioners shall appear before the investigating officer for interrogation as and when required;

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b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence;

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c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail;

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d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated above.

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(K.T.SANKARAN) Judge

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ahz/

Mathewchen George & Another v. State of Kerala

Case brief

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Mathewchen George & Another v. State of Kerala

Case brief

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