IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 3689 of 2009 CRIME NO.288 OF 2009 OF WADAKANCHERY POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.2 & 3 ----------------------------------------------- 1. SUDHESH MATHEW, S/O.JOSEPH @ PAPACHAN, AGED 30 YEARS, RANDANICKAL HOUSE, THEKKUMKARA VILLAGE, THALIYAMKUNDU DESOM, THALAPPILLY TALUK. 2. JOSEPH @ PAPACHAN, S/O.MATHEW, AGED 69 YEARS, RANDANICKAL HOUSE, THEKKUMKARA VILLAGE, THALIYAMKUNDU DESOM, THALAPPILLY TALUK. BY ADV. SRI.C.A.CHACKO RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING S.I. OF POLICE, WADAKANCHERY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3689 OF 2009 ------------------------------------------------------ Dated this the 23rd day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.288 of 2009 of Wadakanchery Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. Learned counsel for the petitioners submitted that on the date of the incident alleged in the present case, another incident took place, where the first accused in the present case sustained injuries. Crime No.289 of 2009 was registered for the offences under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. The de facto complainant in Crime No.289 of 2009 is the first accused in the present case. The petitioners are accused Nos.2 and 3 in Crime No.288 of 2009. B.A. NO.3689 OF 2009 :: 2 :: 4. It is submitted by the learned Public Prosecutor that the accused persons in Crime No.289 of 2009 were granted anticipatory bail by the order passed by the learned Sessions Judge, Thrissur. 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 on their executing bond for Rs.25,000/- 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 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; B.A. NO.3689 OF 2009 :: 3 :: 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 ahz/