IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 748 of 2010() -------------------------------- CRMP.3546/2009 of DISTRICT COURT, ALAPPUZHA CRIME NO. 685/2010 OF ALAPPUZHA NORTH POLICE STATION .................... PETITONER/ACCUSED : --------------------------- VISHNU K.V., S/O. VIKRAMAN, AGED 24 YEARS, KUTTICHIRAYIL HOUSE, KALAVOOR, KATTOOR P.O., ALAPPUZHA. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT: --------------- STATE OF KERALA TO BE REPRESENTED BY THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 748 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.685/2009 of Alappuzha North Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25.11.2009 at about 7.50 P.M., the accused persons assaulted the de facto complainant. Accused No.1 attacked the de facto complainant with a sword stick, which resulted in serious injuries on the de facto complainant. The allegation against accused No.2 is that he kicked the de facto complainant. The grievous hurt caused to the de facto complainant is not attributable to the overt act done by the petitioner. 4. In the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner as B.A. No. 748 of 2010 2 none of the serious injuries caused to the de facto complainant is attributable to the overt acts done by the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln