IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3224 of 2009() ----------------------------- CRIME NO.414/2009 OF KARUNAGAPPALLY POLICE STATION PETITIONERS/ACCUSED PERSONS 1 TO 5 ------------------------------------------------------ 1. SUNILKUMAR,S/O.KANAKAMBARAN, ANIL BHAVANAM,(SUNIL BHAVANAM),KALLELIBHAGOM MURI, KALLELIBHAGOM P.O.,KARUNAGAPPALLY. 2. KANAKAMBARAN,S/O.VELAYUDHAN, ANIL BHAVANAM,(SUNIL BHAVANAM),KALLELIBHAGOM MURI, KALLELIBHAGOM P.O.,KARUNAGAPPALLY. 3. JAYAN,S/O.THANKAPPAN, PUDUKKATTU PADINJATTATHIL,PULIYOORVANCHI, VADAKKUM MURI,THODIYOOR VILLAGE. 4. ANIL,S/O.KANAKAMBARAN,ANIL BHAVANAM, (SUNIL BHAVANAM),KALLELIBHAGOM MURI, KALLELIBHAGOM P.O.,KARUNAGAPPALLY. 5. SULOCHANA,S/O.SAROJANI, ANIL BHAVANAM,(SUNIL BHAVANAM),KALLELIBHAGOM MURI, KALLELIBHAGOM P.O.,KARUNAGAPPALLY. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA, REP.BY ITS DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB-INSPECTOR OF POLICE, POLICE STATION,KARUNAGAPPALLY. PUBLIC PROSECUTOR SRI.I.V.PRAMOD, SR.G.P. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, ALONG WITH BA NO. 3502 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.3224 & 3502 OF 2009 ------------------------------------------------------ Dated this the 17th July, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners in B.A.No.3224 of 2009 are the accused persons in Crime No.414 of 2009 of Karunagappally Police Station. The de facto complainant in Crime No.414 of 2009 is Vinod, son of Vasavan. The offence alleged against the accused persons are under Sections 294(b), 323, 324 and 326 of the Indian Penal Code. The petitioners in B.A.No.3502 of 2009 are accused Nos.2 to 5 in Crime No.411 of 2009 of Karunagappally Police Station, in which, the de facto complainant is Sunil Kumar, who is accused No.1 in Crime No.414 of 2009. The offences alleged against the accused persons in Crime No.411 of 2009 are under Sections 341, 323, 452 and 324 read with Section 34 of the Indian Penal Code. 2. The accused in both cases are neighbours. The incident alleged in Crime No.414 of 2009 occurred at 9.15 PM on 28.4.2009. The allegation therein is that the accused persons came in front of the house of the de facto complainant and uttered obscene words against the inmates of the house. The inmates of the house questioned the same and the accused persons attacked the de facto complainant and his B.A. NOS.3224 AND 3502 OF 2009 :: 2 :: parents with knife and other weapons. One of the injured persons sustained fracture on scull at temporal region. 3. The incident in Crime No.411 of 2009 allegedly occurred at 9.30 PM on 28.4.2009. It is alleged that the incident occurred inside the house of the de facto complainant. The accused persons rushed into the house of the de facto complainant and committed the offence with dangerous weapons. 4. Out of the accused persons in both the cases, some are old and some are ladies. The accused persons in both the cases are neighbours. Learned Public Prosecutor submitted that custodial interrogation as such may not be necessary for the completion of the investigation of the case. 5. 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 solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NOS.3224 AND 3502 OF 2009 :: 3 :: 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 ahz/