IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 460 of 2009 ---------------------------------- (CRIME NO.405/2008 OF EZHUKONE POLICE STATION) PETITIONER/ACCUSED: ---------------------------------- NIDHIN B. MATHEW, AGED 22 YEARS, S/O. BENCHAMIN MATHEW, KOCHUPURAYIL KALLIMEL P.O., MAVELIKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.A.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.460 of 2009 ------------------------------------------ Dated, this the 6th day of February, 2009 ORDER Petition for anticipatory bail. 2. Alleged offence is under Section 395 of the Indian Penal Code. According to prosecution on 2.8.2008, petitioner (Accused No.5) along with five others came in two cars and stopped de facto complainant's car and opened the door and put chilly powder on his face and forcibly took Rs.4,20,000/- and 42 sovereigns of gold ornaments kept inside the car and committed dacoity. 3. Learned counsel for petitioner submitted that petitioner is 5th accused and he met with an accident and he is completely bedridden and hence he is even not in a position to move about. As per Annexure A and from Annexure B photograph it can be clear that petitioner is not in a position even to move about properly and hence anticipatory bail may be granted taking into account the pitiable physical condition of petitioner. 4. Learned Public Prosecutor submitted that the allegations are serious in nature, but taking into consideration the peculiar physical state of the petitioner, he has no objection B.A.No.460 of 2009 2 in granting anticipatory bail. 5. Petitioner was involved in a road traffic accident on 30.8.2008 and he has sustained Acetabular fracture on Rt.Hip. ILIZAROV fixation was done on 2.9.2008 and it was removed on 8.12.2008 and he is advised to take rest and do gradual movements at home for the next two months. The certificate was issued on 31.12.2008. It appears that the movement of petitioner is totally restricted and considering the peculiar physical state of the petitioner I find that anticipatory bail can be granted to petitioner for a period of four months. Hence the following order is passed: i) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer in the event of his arrest on the following conditions: ii) This order will be in force only for a period of four months from today. iii) Petitioner shall not commit any offence while on bail. B.A.No.460 of 2009 3 iv) Petitioner shall not directly or indirectly influence or intimidate any witness or tamper with any evidence. Petition is allowed. K.HEMA, JUDGE vns