IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 1935 of 2009 CRMP.761/2009 OF THE SESSIONS COURT, KOLLAM CRIME NO.49/2009 OF SAKTHIKULANGARA POLICE STATION PETITIONER: 3RD ACCUSED: -------------------- SAMEER, S/O. SHAHUDHEEN KOYA, KIZHAKKE AVINCHAL, BHARATH NAGAR-5, MANAYAIL KULANGARA CHERRI, KOLLAM WEST VILLAGE. BY ADV. SRI. SIJU KAMALASANAN SRI.PRATHEESH.P SRI.A.MUHAMMED RAFFI RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1935 OF 2009 B ------------------------------------------------------ Dated this the 23rd May, 2009 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.49 of 2009 of the Sakthikulangara Police Station. 2. The offence alleged against the petitioner is under Sections 341, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that while the de facto complainant and his friend were travelling on a motor bike, they were intercepted by accused Nos.1 and 2 and due to the attack made by them, the de facto complainant and his friend sustained serious injuries. In the First Information Statement, it is stated that persons who saw the incident told the de facto complainant that Sameer (Accused No.3/petitioner in this Bail Application) is also involved. It is pointed out by the learned counsel for the petitioner that the first accused was released on bail. It would appear that the second accused was deleted from the array of parties. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I B.A. NO. 1935 OF 2009 :: 2 :: 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; B.A. NO. 1935 OF 2009 :: 3 :: 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 ahz/