IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6242 of 2011 CRIME NO.399 OF 2011 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM. PETITIONER: ACCUSED: ------------------------------ BENNY,S/O.GERALD, AGED 32, RESIDING AT MINI BHAVAN, VARUVILATHOPPU, POOVAR P.O., THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031 2. SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, POOVAR P.O., THIRUVANANTHAPURAM-695 102 PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6242 of 2011 ------------------------------------------------------ Dated this the 17th day of August, 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 the accused in Crime No.399 of 2011 of Poovar Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 452, 323, 324, 326 and 427 of the Indian Penal Code. 3. The prosecution case is the following: On 16.7.2011 at 8.30 P.M., the accused trespassed into the house of the de facto complainant and attacked her and her husband. It is alleged that the accused attempted to inflict injury on the de facto complainant's husband with a crow bar. The crow bar fell down. At that juncture, the accused attacked the de facto complainant with a broken piece of glass and she sustained serious injury on her little finger. It is stated that the de facto complainant's Bail Appl. NO.6242 of 2011 :: 2 :: daughter is employed in London. The petitioner is also employed in London. It is alleged that there was intimacy between the de facto complainant's daughter and the petitioner while in London. 4. The learned counsel for the petitioner submitted that the petitioner is employed in the Middle East and not in London. The petitioner sustained severe injuries on his head as a result of the attack made by the de facto complainant in the present case, her husband and her two children. That incident took place on 16.7.2011. In order to suture the injury, eighteen stitches were to be made. It is stated that the petitioner was admitted in the hospital on 16.7.2011 and he was discharged only on 4.8.2011. 5. When the Bail Application came up for admission on 5th August, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the Bail Appl. NO.6242 of 2011 :: 3 :: petitioner to appear before the investigating officer on 11th and 12th August, 2011. 6. Post on 17th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.399 of 2011 of Poovar Police Station, till 19th August, 2011. The petitioner shall produce a copy of this order before the investigating officer. “ 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 5th August, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 5th August, 2011 has been complied with by the petitioner, 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 Bail Appl. NO.6242 of 2011 :: 4 :: the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) 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) 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/