IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 5905 of 2009() ----------------------------- CRIME NO.1243/2009 OF NARAKKAL POLICE STATION, ERNAKULAM. .................... PETITIONER/ACCUSED: -------------------------------------- KANNAN @ VIJEESH, AGED 28 YEARS, S/O.KUNJAPPAN, CHETTIKKALATHIL HOUSE, VALIYAVATTOM, NARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.P.SUBHASH CHANDRAN SRI.SHAJI THANKAPPAN RESPONDENTS/ COMPLAINANT AND STATE ------------------------------------ 1. CIRCLE INSPECTOR OF POLICE, NARAKKAL. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5905 of 2009 ------------------------------------ Dated this the 26th day of November, 2009 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 accused in Crime No.1243/2009 of Narakkal Police Station. 2. The offences alleged against the petitioner are under Sections 308, 341 and 447 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioner that the disputes and differences between the defacto complainant and the petitioner were settled at the intervention of the mediators and that the defacto complainant has no grievance. An affidavit sworn to by the defacto complainant is also produced along with Crl. M.A. No.6318/2009 in support of the above contention. 4. Taking into account the facts and circumstances of the case and also the subsequent events, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the B.A. No. 5905/ 2009 2 petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.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; 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 scm