IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 6802 of 2011() ----------------------------- Crime No.488 of 2011 of Nooranadu Police Station, Alappuzha District. PETITIONER/ACCUSED -------------------------------------- UTHAMAN, AGED 43 YEARS, CHITHIRA BHAVANAM, ERUMAKUZHY, NOORANAD P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 6/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 6802 OF 2011 --------------------------------- Dated this the 6th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.488 of 2011 of Nooranadu Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 326 of the Indian Penal Code. 3. When the Bail Application came up for admission on 23rd November, 2011, the following order was passed: “3. The prosecution case is that on 26.7.2011, the accused beat the defacto complainant with a stick, which resulted in the fracture of his left hand. 4. The learned counsel for the petitioner submitted that the petitioner sustained injuries in an incident which took place on 26.7.2011 and Crime No.492 of 2011 was registered for the offences under Section 324, 326, 452 and B.A.No. 6802 OF 2011 2 294(b) read with 34 of the Indian Penal Code against the defacto complainant in the present case. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 petitioner to appear before the investigating officer on 28th and 29th November, 2011. 7. Post on 6th December, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.488 of 2011 of Nooranadu Police Station, Alappuzha District till 10th December, 2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 23rd November, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of B.A.No. 6802 OF 2011 3 the case, the nature of the offence and also taking note of the fact that the direction in the order dated 23rd November, 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 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 every Monday, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No. 6802 OF 2011 4 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. cms