IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2711 of 2009() ----------------------------- CRMP.1198/2009 of I ADDL. SESSIONS COURT, KOLLAM .................... PETITIONERS (S): ACCUSED 1 TO 3: ------------------------------------------------- 1. BIJU S,S/O.SASIDHARAN PILLAI,AGED 36, BIJU BHAVANAM,VAKKANADDU P.O, KAREEPRA VILLAGE,KOTTARAKKARA TALUK,KOLLAM. 2. GIREESH ALIAS GIRISH KUMAR,AGED 39, S/O.GOPALAKRISHNA PILLAI,GIREESH MANDIRAM, VAKKANADU P.O,KAREEPRA VILLAGE,KOTTARAKKARA TALUK, KOLLAM. 3. ANIL ALIAS ANILKUMAR,S/O.THANKAPPAN PILLAI,AGED 32,PONNOTTU MELATHIL, VAKKANADU P.O,KAREEPRA VILLAGE, KOTTARAKKARA TALUK,KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): --------------- THE STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- B.A.No.2711 of 2009 ----------------------------------- Dated this the 26th day of May, 2009 ORDER This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.223 of 2009 of Ezhukone Police Station. 2. The offence alleged against the petitioners are under sections 143, 147, 148, 323, 324, 326 and 427 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioners pointed out that the defacto complainant stated to the Medical Officer, who examined him, that the injuries were sustained due to a road traffic accident. I have perused the wound certificate issued by the Medical Officer of Vijaya Hospital, Pulamon, Kottarakkara. It is recorded therein as follows: “alleged RTA at Vakkenad at around 10 P.M.” 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a BA No.2711/2009 2 period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. 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 csl