IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 1 of 2010 CRIME NO.1431 OF 2009 OF PANANGAD POLICE STATION, ERNAKULAM PETITIONERS/ACCUSEDNOS.3, 1 & 2: --------------------------------------- 1. JIJO ANOTONY, S/O.JOSEPH, AGED 19 YEARS, RESIDING AT KARUGAPARMBIL HOUSE, JANATHA ROAD, VYTTILA.P.O., ERNAKULAM. 2. THOMAS AJOSH.K.J., S/O. JOSEPH, AGED 21 YEARS, KOLOTH HOUSE, JANATHA ROAD, VYTTILA.P.O., ERNAKULAM. 3. ANTONY A.F., S/O. FRANCIS, AGED 27 YEARS ALLAPPILLY HOUSE, JANATHA ROAD, VYTTILA.P.O., ERNAKULAM. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE PANANGAD POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1 OF 2010 ------------------------------------------------------ Dated this the 8th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.3, 1 and 2 respectively in Crime No.1431 of 2009 of Panangad Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 308 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The injured had given a loan to the first accused. The loan was not repaid in time. There was some talk between the first accused and the injured. On 5.12.2009 during night, the first accused contacted the injured over phone and requested him to come to a place for the purpose of settling the transactions. The injured went there. The allegation is that accused Nos.2 and 3 restrained him and the first accused hit on the head of the injured with a reaper. He sustained injuries. There was profuse bleeding from the nose of the injured. Some how or other, he came to his house. His father found him in the verandah of the house and he was taken to the hospital. An immediate surgery was suggested. The injured was B.A. NO. 1 OF 2010 :: 2 :: admitted in the Intensive Care Unit after surgery. The First Information Statement was given by his father. 4. The petitioners apprehend arrest and, therefore, they have filed this application for anticipatory bail. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injury sustained and the allegations levelled against the accused persons, I do not think that the first accused is entitled to any discretionary relief. However, no overt act resulting in causing of injuries, is alleged against accused Nos.2 and 3. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to accused Nos.2 and 3. Custodial interrogation of the first accused would be required in the present case. If anticipatory bail is granted to him, it would adversely affect the proper investigation of the case. 6. There will be a direction that in the event of the arrest of petitioners 1 and 3 (accused Nos.3 and 2), the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 1 OF 2010 :: 3 :: a) Petitioners 1 and 3 (accused Nos.3 and 2) shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) Petitioners 1 and 3 (accused Nos.3 and 2) shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1 and 3 (accused Nos.3 and 2) shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1 and 3 (accused Nos.3 and 2) 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 dismissed in so far as it relates to accused No.1 (second petitioner - Thomas Ajosh K.J.) and the Bail Application is allowed in so far as it relates to petitioners 1 and 3 (accused Nos.3 and 2 respectively) to the extent indicated above. (K.T.SANKARAN) Judge ahz/