K RAVIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for pre-arrest bail filed under section 438 of the Code of Criminal Procedure by the sole accused in Crime No. 80 of 2009 of Mankara Police Station alleging commission of offence punishable under Section 326 of the Indian Penal Code.

(2.) PETITIONER and the de facto complainant are brothers. Admittedly, civil disputes are pending between them. A contention has been raised that the interim order in the pending civil suit has been violated and the alleged action has been committed after such violation. But according to the petitioner/accused, he did not violate the interim order of injunction passed by the competent civil court as the same was subsequently modified. I think I would not go into such question unnecessarily.

(3.) AS stated earlier, the parties are brothers. Of course, at present, there is strained relationship and I hope and wish they will reunite with all strength of brotherhood. Petitioner is the Principal of a Business School set up in the property over which the civil dispute is now pending before the munsiff Court, Palakkad. In totality of the circumstances and having regard to the relationship between the parties and also the nature of the allegations, I think the relief sought for by the petitioner can be granted.