IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 8578 of 2011 CRIME NO.288 OF 2011 OF KANNUR CITY POLICE STATION PETITIONER/ ACCUSED NO.3: ------------------------------------------ YADHUN GIREESH,S/O.GIREESH,AGED 22 YEARS STUDENT,RESIDING AT 'KEERTHANAM', NEAR URUVACHAL, P.O.CHOVVA,KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR SRI.C.X.ANTONY BENEDICT RESPONDENTS: STATE AND COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR DISTRICT-670 001. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.8578 OF 2011 ------------------------------------------------------ Dated this the 21st day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.288 of 2011 of Kannur City Police Station. 2. The offences alleged against the accused are under Sections 448, 341, 323 and 326 read with Section 34 of the Indian Penal Code. 3. The defacto complainant sustained fracture of his left leg. The fracture was caused due to the attack made by the first accused with a sword. The overt acts alleged against accused No.3 (petitioner) do not relate to the grievous hurt caused to the defacto complainant. 4. As per the order dated 16.8.2011 in B.A.No.6333 of 2011, anticipatory bail was granted to accused No.2. BAIL APPL. NO. 8578 OF 2011 :: 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 Rupees Ten thousand 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 Sundays, 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) 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/