IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 4882 of 2011() ---------------------------------------- CRIME NO.194/2011 OF SANTHANPARA POLICE STATION, IDUKKI DISTRICT -------------------------- PETITIONERS: ------------------------ 1. BIJEESH, S/O.THOMAS, AGED 25, KUNNIKKATTU HOUSE, THINKALKADU, MUNIYARA P.O. 2. PRADEEP, AGED 22, S/O.KUTTIAPPAN, KUNNIKKATTU HOUSE, PACHADY P.O., UMMAKKADA, NEDUMKANDOM. 3. BINEESH @ DINESH, S/O.THOMAS, KUNNIKKATTU HOUSE, THINKALKADU, MUNIYARA P.O. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.4882 OF 2011 --------------------------------- Dated this the 6th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are the accused in Crime No.194 of 2011 of the Santhanpara Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 452, 294(b), 506(i), 323, 324, 326 and 354 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 2.5.2011 at 7 P.M., the accused persons criminally trespassed into the house of the de facto complainant and attacked the inmates therein and outraged the modesty of the daughter of the de facto complainant. The de facto complainant sustained fracture on his forearm. B.A. No.4882 OF 2011 2 4. The learned counsel for the petitioners submitted that the second accused sustained injuries and that the case was foisted against the petitioners. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. The injury sustained by the de facto complainant is grievous in nature. The overt acts are attributed against accused Nos.1 and 2. However, there is no allegation of any overt act in the matter of physical assault as against the 3rd accused. 7. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to petitioners 1 and 2/accused Nos.1 and 2. However, I am of the view that anticipatory bail can be granted to the 3rd petitioner/3rd accused. B.A. No.4882 OF 2011 3 8. There will be a direction that in the event of the arrest of the 3rd petitioner/3rd accused, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The 3rd petitioner/3rd accused 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 3rd petitioner/3rd accused shall appear before the investigating officer for interrogation as and when required; C) The 3rd petitioner/3rd accused shall not try to influence the prosecution witnesses or tamper with the evidence. D) The 3rd petitioner/3rd accused shall not commit any offence or indulge in any prejudicial activity while on bail. E) Before the expiry of the period mentioned above,the 3rd petitioner/3rd accused shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.4882 OF 2011 4 The Bail Application is dismissed in so far as it relates to petitioners 1 and 2/accused Nos.1 and 2 and it is allowed to the extent indicated above, in so far as it relates to the 3rd petitioner/3rd Accused. K.T.SANKARAN, JUDGE. cms