IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 5431 of 2009() ---------------------------------------- CRIME NO.679/2009 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETITIONERS/ACCUSED NO. 1 TO 3: ------------------------------------------------- 1. HEMACHANDRAN @ SUNIL,S/O.SUKUMARAN, AGED 33,PARANKAMUTTIL THEKKETHIL,MULAKUZHA MURI, WARD NO.4,MULAKUZHA,CHENGANNUR,ALAPPUZHA DISTRICT. 2. A.SAJEEV,AGED 37,PARANKAMUTTIL THEKKETHIL,MULAKUZHA MURI,WARD NO.4,MULAKUZHA, CHENGANNUR,ALAPPUZHA DISTRICT. 3. SUNI,W/O.SAJEEV,PARANKAMUTTIL THEKKETHIL MULAKUZHA MURI,WARD NO.4,MULAKUZHA,CHANGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE,CHENGANNUR POLICE STATION (CRIME NO.679/2009)REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. V.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5431 of 2009 ------------------------------------ Dated this the 28th day of October, 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.1 to 3 in Crime No.679/2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 447, 294(b), 324 and 326 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and also taking note of the fact that the de facto complainant has sustained fracture of left tibia, I am not inclined to grant anticipatory bail to petitioners 1 and 2. The 3rd petitioner is a house wife. In the facts and circumstances of the case, I am of the view that the 3rd petitioner is entitled to anticipatory bail. There will be a direction that in the event of arrest of the 3rd petitioner, the officer in charge of the police station shall release her on bail on her B.A. No. 5431/ 2009 2 executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The 3rd petitioner shall appear before the investigating officer for interrogation as and when required; B) The 3rd petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The 3rd petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Accordingly, the Bail Application is dismissed in so far as it relates to Petitioners 1 and 2 and it is allowed, in the manner indicated above, in so far as it relates to the 3rd Petitioner. K.T. SANKARAN, JUDGE scm