IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3645 of 2009() ----------------------------- CRIME NO.220/2009 OF VARANDARAPPILLY POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. SALEESH,S/O.RAMACHANDRAN,AGED 25 YEARS, KUDAMATTATHIL HOUSE, VATTANATHRA DESOM, POOKKODU P.O.,THRISSUR. 2. BABU @ SANEESH, S/O.RAMACHANDRAN, AGED 24 YEARS, KUDAMATTATHIL HOUSE, VATTANATHRA DESOM, POOKKODU P.O. THRISSUR. 3. RAGANNAN @ RAKESH, AGED 23 YEARS, THANIKKAL HOUSE, VATTANATHRA DESOM, POOKKODU P.O. THRISSUR. 4. SANOJ,AGED 25 YEARS, POOKKOTTUKARAN HOUSE, VATTANATHRA DESOM,POOKKODU P.O. THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, VARANDARAPPILLY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3645 of 2009 ------------------------------- Dated this the 6th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 to 4 in Crime No.220 of 2009 of Varandarappilly Police Station. 2. The offences alleged against the petitioners are under Sections 452, 323, 324, 326, 354 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 31.5.2009, at 4.30 P.M., the accused persons trespassed into the house of the defacto complainant, Sathi, and attacked Balasubramaniyan @ Murugan, who had come running to Sathi's house to escape from the attack of the accused persons. It is alleged that Balasubramaniyan @ Murugan was attacked by the accused persons in the house of Sathi as well. Balasubramaniyan @ Murugan sustained grievous injuries. 4. Learned counsel for the petitioners pointed out that on 31.5.2009, at 3 P.M., the father of the first accused was attacked by Balasubramaniyan @ Murugan while the former was riding on a motor bike. He sustained injuries and he was admitted in the hospital. Crime BA No. 3645/2009 2 No.219 of 2009 was registered against Balasubramaniyan @ Murugan for the offences under Sections 341 and 323 IPC. 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 for a period of one month on their executing bond for Rs.50,000/- 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 all 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) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail; BA No. 3645/2009 3 f) 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