IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 1965 of 2009 ------------------------------------- (CRIME NO.94/2009 OF KARUKACHAL POLICE STATION) PETITIONER/ACCUSED --------------------------------- AJI.C.K.,AGED 27 YEARS, S/O.KUNJUMON,ANIYARA KUNNEL HOUSE, KARUKACHAL VILLAGE,CHANGANACHERRY TALUK. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT ------------------------------------------- SUB-INSPECTOR OF POLICE, KARUKACHAL POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.1965 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The petitioner is the sole accused in Crime No.94 of 2009 of Karukachal Police Station alleging commission of offences punishable under Section 308 of the Indian Penal Code. The petitioner and the de facto complainant are friends and they together went to toddy shop for taking toddy. However, after consumption, they entered into a scuffle and as a result of which the de facto complainant sustained injuries. 2. I have heard learned counsel for the petitioner as also the learned Public Prosecutor. Having regard to the nature of the allegations levelled against the petitioner, I think the petitioner can be granted anticipatory bail. 3. Accordingly, this application is allowed on the following terms: i) In the event of his arrest, the petitioner shall be released on bail on his executing a bond for Rs.50000/- with B.A.No.1965 of 2009 2 two solvent sureties for the like sum each to the satisfaction of the officer conducting the arrest. ii) Petitioner shall appear before the investigating officer as and when his presence is required by the investigating officer. iii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. iii) This order will be in force for a period of two months and thereafter the petitioner has to seek regular bail from the court having competent jurisdiction. C.T.RAVIKUMAR, JUDGE vns