IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 3999 of 2009() ------------------------------------- CRIME NO. 445/2009 OF CHAVARA POLICE STATION ...................... PETITIONER/ACCUSED 2 TO4: -------------------------------------------- 1. SHINE, S/O.RADHAKRISHNAN, MUNDAKATHIL VEEDU, NEENDAKARA. 2. SHAN, S/O.RADHAKRISHNAN, MUNDAKATHIL VEEDU, NEENDAKARA, 3. MURALI, S/O.BALANANDAN, PERUMANA, KALLUMMOTTIL KADAVU, MARU SOUTH, KARUNAGAPALLY. BY ADVS. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON 18/07/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------- B.A. No. 3999 of 2009 ------------------------------ Dated this the 18th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 2, 3 and 4 in Crime No. 445/2009 of Chavara Police Station. 2. The offences alleged against the petitioners are under Sections 324, 326 read with Section 34 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that petitioners 1 and 2 who are accused Nos. 2 and 3 were deleted from the array of accused. Hence this Bail Application has become unnecessary in so far as it relates to petitioners 1 and 2. 4. I have perused the Case Diary and also the Discharge Certificate. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the 3rd petitioner. There will be a direction that in the event of the arrest of the 3rd petitioner, the officer in charge of the police station shall release him on bail on his executing bond for B.A. No. 3999 of 2009 2 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 3rd petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) The 3rd petitioner shall appear before the investigating officer for interrogation as and when required; C) The 3rd petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The 3rd 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 ln