IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 3863 of 2009() ----------------------------- CRIME NO.65/2009 OF RAJAKKADU POLICE STATION PETITIONER/ACCUSED -------------------------------------- SANDEEP, S/O.KUTAPPAN, AGED 22 YEARS, CHAVATTUKUZHIYIL HOUSE, POOMALA BHAGAM, POTTENKADU KARA, BISON VALLEY VILLAGE. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, RAJAKKADU POLICE STATION, IDUKKI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3863 of 2009 --------------------------------------------- Dated this the 31st day of July, 2009 ORDER 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.65 of 2009 of Rajakkadu Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is that on 2.4.2009 at 7 P.M., the accused attacked the defacto complainant with a knife. The defacto complainant sustained injuries. Though one Prakash, who was with the defacto complainant, tried to prevent the stab by the accused, the defacto complainant sustained an incised wound. 4. I have perused the CD file. 5. The wound certificate shows that the defacto complainant had sustained an “incised skin deep wound above the left flank horizontally placed about 15 cm.” The case diary file would disclose that there was a dispute between two groups of a political party regarding the removal of the flex board BA No.3863/2009 Page numbers showing the poster of a political leader. Crime No.66 of 2009 is the counter case in which the petitioner is the defacto complainant. The defacto complainant in Crime No.65 of 2009 and another person are the accused persons there. The petitioner alleged in that case that he was attacked by the defacto complainant in the present case and he had sustained injuries. 4. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- 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 all 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; BA No.3863/2009 Page numbers 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