IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5702 of 2009 CRIME NO.203 OF 2009 OF AMBALAVAYAL POLICE STATION PETITIONERS/PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------------------ 1. SADHIKH C.H., AGED 23 YEARS, S/O.UMMER, RESIDING AT CHELAPARAMBIL HOUSE, CHULLIYODE P.O., SULTHAN BATHERY. 2. SAMEER C.,AGED 23 YEARS, S/O.ASSAIN, RESIDING AT CHERIKKADAN HOUSE, CHULLIYODE P.O.,CHULLIYODE,SULTHAN BATHERY. BY ADV. SRI.A.T.ANILKUMAR SRI.A.V.JAMES RESPONDENT: RESPONDENT/COMPLAINANT ------------------------------------- THE STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP.BY THE SUB ISNPECTOR AMBALAVAYAL POLICE STATION IN CR.203/2009. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5702 OF 2009 ------------------------------------------------------ Dated this the 8th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.203 of 2009 of Ambalavayal Police Station. 2. The offences alleged against the accused persons are under Sections 323, 324, 506(ii) and 308 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that in respect of the incident Crime No.202 of 2009 was also registered, in which one of the accused persons is the de facto complainant in the present case. The offences alleged in Crime No.202 of 2009 are under Sections 143, 147, 148, 341, 323, 324, 308 and 506(i) read with Section 149 of the Indian Penal code. 4. I have perused the case diary in the present case. The wound certificates do not disclose serious injuries. B.A. NO. 5702 OF 2009 :: 2 :: 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 on their executing bond for Rs.15,000/- each with two 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 alternate 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) 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/