IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 3112 of 2009() ------------------------------------- CRIME NO.295/2009 OF NOORANADU POLICE STATION. PETITIONERS/ACCUSED 1 TO 5: ------------------------------------------------ 1. MADHUSOODANAN, AGED 40 YEARS S/O.GOPALAKRISHNA PILLAI, ANANDU BHAVANAM PULIMEL MURI, NOORANADU VILLAGE. 2. RAVEENDRAN PILLAI, AGED 48 YEARS S/O.GOPALAKRISHNA PILLAI, GEETHA BHAVANAM PULIMEL MURI, NOORANADU VILLAGE. 3. SUBHASH, AGED 35 YEARS S/O.RAGHAVAN PILLAI, KALEEKKAL KIZHAKKETHIL PULIMEL MURI, NOOORANADU VILLAGE. 4. GEETHA KUMARI, AGED 35 YEARS D/O. GOPALAKRISHNA PILLAI, ANANDU BHAVANAM PULIMEL MURI, NOORANADU VILLAGE. 5. MURALEEDHARAN PILLAI, AGED 35 YEARS S/O.PARAMESWARAN PILLAI, MURALI BHAVANAM NEDUKULANJI MURI, NOORANADU VILLAGE. BY ADV. SRI.R.PADMAKUMAR RESPONDENT: ----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3112 of 2009 ------------------------------------ Dated this the 23rd day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 5in Crime No.295/2009 of Nooranadu Police Station. 2. The offences alleged against the petitioners are under Sections 341, 323, 324, 509 and 308 read with Section 34 of the Indian Penal Code. 3. It is submitted that Crime No.296/2009 is a counter case, in which the 4th petitioner Geethakumari is the defacto complainant. 4. The prosecution case in Crime No.295/2009 is the following: On 30/05/2009, the defacto complainant and his wife were coming from hospital on a motor bike. The wife of the defacto complainant was pregnant. They saw a fight going on between the petitioners and Leela, the land lady of the defacto complainant. The defacto complainant and his wife alighted from the motor bike. At that time, they were attacked by the petitioners. The defacto complainant sustained injuries. 5. The case of the petitioners is that the 4th petitioner B.A. No. 3112/2009 Page numbers purchased a property utilising the money which she received as compensation on account of the death of her husband while working abroad. One Manoj, son of Leela, claiming that he had entered into an agreement for sale with the owner of the property at an earlier point of time, filed a suit for specific performance, in which the 4th petitioner is also a party. That suit is pending. The records would also reveal that there was a Visa transaction between the defacto complainant and the first petitioner. 6. Heard Smt. Sangeetha Lakshman, the learned counsel appearing for the deacto complainant as well. 7. I have perused the Case Diary. The wound certificate would disclose that the injuries are not very serious. 8. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 for a period of one month on their executing bond for Rs.25,000/- each with two B.A. No. 3112/2009 Page numbers solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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 scm