IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 6922 of 2011 CRIME NO.848 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NO.4 ------------------------------------------- MUNEER C.H., AGED 19 YEARS, S/O. MAJEED, RESIDING AT KARAKUNDU HOUSE, P.O.PADNAKKAD, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT: COMPLAINANT-STATE -------------------------------- THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6922 OF 2011 ------------------------------------------------------ Dated this the 6th day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.848 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences originally alleged against the accused are under Sections 143, 147, 148, 324, 341, 308 and 506(i) read with Section 149 of the Indian Penal Code. It is stated that subsequently some of the offences were deleted and now the offences alleged against the accused are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 12.8.2011. 4. B.A.No.6788 of 2011 filed by accused No.2 for regular bail was allowed, as per the order dated 24.8.2011, on the basis of the BAIL APPL. NO. 6922 OF 2011 :: 2 :: submission made by the learned counsel appearing for the petitioner therein and the learned counsel appearing for the de facto complainant that the disputes between the parties were settled. 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 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 Rupees Ten thousand 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 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; BAIL APPL. NO. 6922 OF 2011 :: 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/