IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5586 of 2009 -------------------------------------------- CRIME NO.433/2009 of PATAMBI POLICE STATION .................... PETITIONER/ACCUSED NO.1: HARIDASAN , AGED 37 YEARS, S/O.MAKKU, MADATHILTHODI VEEDU, CHEMBALANGAD POST PALLIPPURAM, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) RESPONDENTS: 1. SUB INSPECTOR OF POLICE PATTAMBI POLICE STATION. 2. THE STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- B.A.No.5586 of 2009 -------------------------- ORDER Petitioner is the first accused in Crime No. 433/2009 of Pattambi Police Station, registered for the offences under Sections 323 and 326 read with Section 34 of Indian Penal Code. Petitioner, along with the remaining three accused, sought anticipatory bail from Sessions Court, Palakkad. Under Annexure-A1 order, anticipatory bail was granted to accused 2 to 4 and prayer of the petitioner was rejected for the reason that he had used chopper to inflict grievous hurt. Petitioner again approached the learned Sessions Judge for anticipatory bail, which was dismissed under Annexure-A2 order. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail contending that his custodial interrogation is not necessary and he is prepared to abide by any condition and in such circumstances, he be granted anticipatory bail. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. BA 5586/09 2 3. Out of the four accused, who allegedly committed the offences under Sections 323 and 326 read with Section 34 of Indian Penal Code, three accused were granted anticipatory bail by the learned Sessions Judge. Petitioner was refused to be released on anticipatory bail for the reason that he used a chopper and serious fracture was caused, which necessitated an operation for the injured at the Medical College Hospital, Thrissur. 4. From the nature of the offences, learned Public Prosecutor has no case that custodial interrogation of the petitioner is necessary. In such circumstances, when the co-accused were already released on bail, I find it not in the interest of justice to deny the same benefit to the petitioner for the reason that in furtherance of the common intention it was the petitioner who inflicted injury with a chopper. A pre- arrest bail could be granted to the petitioner on sufficient conditions. Application is disposed directing the Investigating Officer to release the petitioner, in the event of his arrest, on bail on executing a bond for BA 5586/09 3 Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer on the following conditions: 1. Petitioner shall appear before the Investigating Officer on every Wednesday between 10 a.m. and 12 noon for one month and thereafter as and when required by the Investigating Officer. 2. Petitioner shall not induce, influence or threaten any person from disclosing facts known to them to the Investigating Officer or to the court. 3. Petitioner shall not commit any offence while on bail. 4. Petitioner shall not leave India without the permission of the Magistrate. This order will prevail for one month and it is for the petitioner to seek regular bail from the concerned Magistrate. 7th October, 2009 (M.Sasidharan Nambiar, Judge) tkv