IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 2950 of 2009() ----------------------------- CRIME NO.97/09 OF NEYYATTINKARA POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ BIJIL, S/O.BALAKRISHNAN KADAYARA VEEDU, PIRAYUMOODU, NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.2950 of 2009 ------------------------------------ Dated this the 16th 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.97 of 2009 of Neyyattinkara Police Station. 2. The offences alleged against the petitioner are under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the defacto complainant, Dinil Kumar, has filed an affidavit before the Investigating Officer stating that all the disputes and differences between the parties have been settled. 4. The learned public prosecutor submitted that such an affidavit was filed by the defacto complainant. 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 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 BA No.2950/2009 2 release him on bail 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 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 csl