IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 2082 of 2009() ----------------------------- CRIME NO.267/2009 OF VAIKOM POLICE STATION PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. SANOOP,AGED 26 YEARS,S/O.AMBUJAKSHAN, NAGAMPOOZHIKKATTU VEETTIL,PADINJAREMURIYIL, VADAKKEMURI VILLAGE,VAIKOM TALUK. 2. VIJAYAKUMAR, AGED 28 YEARS,S/O.SOMAN, PULINTHARA VEETTIL,PADINJAREMURIYIL,VADAKKEMURI VILLAGE,VAIKOM TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.2082 of 2009 --------------------------------- Dated this the 7th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 and 2 in Crime No.267 of 2009 of Vaikom Police Station. 2. The offences alleged against the petitioners are under Sections 341, 308 and 506(ii) read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. The injuries noted in the wound certificate are not very serious injuries. 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 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 BA No.2082/2009 2 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 or even before that period, 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 csl