IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5504 of 2011() ----------------------------- CRIME NO.1052/2011 OF KUNDARA POLICE STATION, KOLLAM PETITIONER (S):ACCUSED -------------------- PREM KUMAR, S/O.LATE VIJAYAN, PREM NIVAS, KOTTAPPURAM, MULAVANA PO, KOLLAM. BY ADV. SRI.V.V.RAJA RESPONDENT(S): --------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5504 of 2011 --------------------------- Dated this the 26th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1052 of 2011 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 326 of the Indian Penal Code. 3. When the Bail Application came up for admission on 18.7.2011, the following order was passed : “3. The prosecution case is that on 23.6.2011, the petitioner attacked the de facto complainant with a stick and the de facto complainant sustained fracture of his wrist. BA 5504/2011 2 4. Learned counsel for the petitioner submitted that the de facto complainant trespassed into the house of the petitioner and attacked the wife of the petitioner on 23.6.2011. For that offence, Crime No.1063 of 2011 was registered in which the de facto complainant in the present case is the accused. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 23.7.2011 and 24.7.2011. 6. Post on 28.7.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1052 of 2011 of Kundara Police Station till 30.7.2011. The petitioner shall produce a copy of this order before the investigating officer.” BA 5504/2011 3 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 18.7.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 18.7.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- 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 . BA 5504/2011 4 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 csl BA 5504/2011 5 K.T.SANKARAN, J. --------------------------- B.A.No.5504 of 2011 --------------------------- Dated this the 18th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1052 of 2011 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 326 of the Indian Penal Code. 3. The prosecution case is that on 23.6.2011, the BA 5504/2011 6 petitioner attacked the de facto complainant with a stick and the de facto complainant sustained fracture of his wrist. 4. Learned counsel for the petitioner submitted that the de facto complainant trespassed into the house of the petitioner and attacked the wife of the petitioner on 23.6.2011. For that offence, Crime No.1063 of 2011 was registered in which the de facto complainant in the present case is the accused. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 23.7.2011 and 24.7.2011. 6. Post on 28.7.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1052 of 2011 of Kundara Police Station BA 5504/2011 7 till 30.7.2011. The petitioner shall produce a copy of this order before the investigating officer. K.T.SANKARAN JUDGE csl