IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6271 of 2008() ----------------------------- CRIME NO. 450/2008 OF VARAPUZHA POLICE STATION PETITIONER (S): ACCUSED NO.1 -------------------------------- DANISH AGED 23, S/O. ANTONY, ALAPPAT HOUSE, KOONAMMAVU, PARAVUR TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PPROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6271 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 452, 427, 324, 323, 294(b) IPC. According to the prosecution, on 13-9-2008 at 4.30 p.m. petitioner (A1) along with two others took drinking water kept in the varandah of the shop and washed their legs and when de facto complainant questioned, petitioner hit de facto complainant with a granite stone on several parts of the body and also abused him in obscene language and inflicted injuries on de facto complainant. On a statement given by de facto complainant, a crime was registered against petitioner and other two accused. 3. Learned counsel for the petitioner submitted that petitioner and co-accused had gone to provision shop run by de facto complainant for purchasing articles. There is a tea shop nearby. They saw water in a drum kept on the varandah. Thinking that the water was kept by the tea shop owner for washing hands, they took the water and washed their hands and legs. The de facto complainant questioned them and there was an BA 6271/08 -2- altercation, but nothing more as alleged has taken place. De facto complainant did not sustain any serious injuries, it is submitted. 4. Learned Public Prosecutor conceded that there are only minor injuries on the finger of de facto complainant. He submitted that he has no objection in granting anticipatory bail to petitioner, but petitioner may be directed to report before the Investigating Officer and co-operate with the investigation. 5. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on conditions and the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and if any bail application is filed, petitioner shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall report before the Investigating Officer as and when directed and make himself available BA 6271/08 -3- for interrogation and co-operate with the investigation. ii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.