IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3396 of 2008() ----------------------------------------- (CRIME NO.56/2008 OF VELLARIKUNDU POLICE STATION) PETITIONERS/ACCUSED: ------------------------------------ 1. K.M.RAKESH, AGED 27 YEARS, S/O.MARUVAN, RESIDING AT BANAM, PARAPPA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT, PARAPPA POST. 2. K.BALAKRISHNAN, AGED 35 YEARS, S/O.KOTTAN, RESIDING AT ECHIKKANAM, POST ECHIKKANAM, AMBALATHARA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT: RESPONDENT & STATE: ----------------------------------------------------------- STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3396 of 2008 ------------------------------------------- Dated this the 10th day of June, 2008 ORDER Petition for anticipatory bail. 2. According to the prosecution, petitioners allegedly assaulted the defacto complainant and committed offences under Sections 341, 323 and 324 read with 34 IPC. 3. Learned public prosecutor submitted that the petitioners are required for recovery of weapon and a fracture is also caused to the defacto complainant and hence, the application is opposed. 4. Learned counsel for the petitioners submitted that the incident happened in front of the house of the first accused. It is alleged that the defacto complainant was under the influence of alcohol at the time offence and later, realising the mistake committed by him, he settled the entire issues and both parties have come to an amicable settlement. They are maintaining a good relationship between each other now. Annexure I is an affidavit sworn to by the defacto complainant and filed before the Sessions Court, Kasaragod in the bail application filed by him. It is also submitted that the petitioner is undergoing a BA NO.3396/2008 2 training at 'TELK' and in case, he is remanded to custody his future will be spoiled. 5. On hearing both sides, I find that anticipatory bail can be granted. Hence, the following order is passed: (i) The petitioners shall surrender before the Investigating officer within ten days from today and make themselves available for interrogation and co-operate with the investigation. (ii) The petitioners shall, in the event of their arrest by the police, be produced before the Magistrate court concerned, in accordance with law. (iii) On production of the accused before the Magistrate court they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the court below on condition that they will appear before the Investigating officer as and when directed by him and co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl