IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2921 of 2009() ----------------------------- CRIME NO.235/09 OF KASARAGOD POLICE STATION .................... PETITIONER/1ST ACCUSED: ------------------------------------------- SUNILKUMAR, AGED 29, S/O.NARAYANAN, R/AT MEPPUGIRI, KUDLU VILLAGE & POST, KASARAGOD TALUK. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.2921 of 2009 ---------------------------- Dated this the 4th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.235 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 1.4.2009, Manjula, who is the sister of the petitioner herein committed suicide. The allegation was that Sreejith, a neighbour of Manjula was responsible for driving Manjula to commit suicide. On that day, Sreejith and his mother were allegedly attacked by the petitioner and the second accused and caused serious injuries. Crime No.230 of 2009 was registered against Sreejith under Section 306 of the Indian Penal Code. Crime No.235 of 2009 was registered against the petitioner and another. The allegation against the petitioner is that he attacked the defacto complainant and her son on the belief that Sreejith, son of the defacto complainant was responsible for the suicide of the petitioner's sister. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other BA No.2921/2009 2 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 for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioner 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