IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2475 of 2009() --------------------------------------- CRIME NO.130/2009 OF NADAPURAM POLICE STATION, KOZHIKODE DT. .................... PETITIONERS/ACCUSED: --------------------------------------- 1. ANIL KUMAR, AGED 32, S/O.GOPALAN, KIZHAKKAYIL, EYYANKODE AMSOM KAKKATTIL DESOM, VATAKARA TALUK. 2. ANEESH, AGED 32, S/O.SANKARAN, ONTHATH MALAYIL HOUSE, KUMMANKODE AMSOM NADAPURAM DESOM VATAKARA TALUK. 3. ASOKAN, AGED 37, S/O.SANKARAN, ONTHATH MALAYIL HOUSE, KUMMANKODE AMSOM NADAPURAM DESOM VATAKARA TALUK. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT : ------------------------ STATE, REP. BY S.I. OF POLICE, NADAPURAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI .K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2475 of 2009 ------------------------------------ Dated this the 4th day of June, 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.130/2009 of Nadapuram Police Station. The name of the accused No.4 was deleted from the array of accused. 2. The offences alleged against the petitioners are under Sections 341, 324, 326 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. It is submitted by the learned counsel for the petitioners that there is a counter case as well, in which offences alleged against the defacto complainant and others are under Sections 341, 323, 324 read with Section 34 of the Indian Penal Code. 4. 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 B.A. No. 2475/ 2009 2 police station shall release them on bail for a period of one month 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 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, the petitioners 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm