IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4238 of 2009 CRIME NO.413 OF 2009 OF KODANADU POLICE STATION PETITIONER: ACCUSED: ------------------------------ MURUKAN,S/O.KUTTAPPAN,AGED 33 YEARS, KALAMBATTUKUDY HOUSE,KOODALAPADU, KOOVAPADY.P.O, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,KODANADU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ ADVOCATE SRI.C.R.VINOD KUMAR FOR THE DEFACTO COMPLAINANT THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4238 OF 2009 ------------------------------------------------------ Dated this the 13th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.413 of 2009 of Kodanadu Police Station. 2. The offences alleged against the petitioner are under Sections 341 and 326 read with Section 34 of the Indian Penal Code. 3. The accused persons as well as the de facto complainant are neighbours. It is submitted by the learned counsel for the petitioner that the matter was settled between the parties and Annexure A2 petition dated 11.7.2009 and Annexure A4 affidavit dated 15.7.2009 were submitted before the investigating officer. 4. Advocate Sri.C.R.Vinod Kumar appeared for the de facto complainant. He submitted that Annexures A2 and A4 are genuine documents and that the matter was settled between the parties. B.A. NO. 4238 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/