IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 7253 of 2009 CRIME NO.652 OF 2009 KATTAPPANA POLICE STATION, IDUKKI DISTRICT PETITIONERS/ACCUSED NOS.1 AND 2: --------------------------------------- 1. SATHEESH, S/O.KARUNAKARAN NAIR, AGED 31 YEARS, SINDHU BHAVANAM, PEZHUMKANDAM KARA, KANCHIAR-KATTAPPANA- IDUKKI DISTRICT. 2. MANOJ, S/O.GOPINATHAN, SOBHANA VILASAM, KUNDALAMPARA KARA, KATTAPPANA-IDUKKI. BY ADV. SRI.A.C.DEVASIA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7253 OF 2009 ------------------------------------------------------ Dated this the 2nd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.652 of 2009 of Kattappana Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 341, 308, 324 and 323 of the Indian Penal Code. 3. The prosecution case is that on 16.11.2009, the accused persons, six in number, attacked the de facto complainant with iron rods and he sustained injuries on his head. It is stated that the de facto complainant was a worker of Bharathiya Janatha Party. He and about 100 people left BJP and joined Janatha Dal. The first accused is the local leader of BJP and the other accused are workers of the said party. The allegation is that on account of the fact that the de facto complainant and others left BJP and joined B.A. NO. 7253 OF 2009 :: 2 :: another political party, the de facto complainant was attacked by the accused. 4. The de facto complainant sustained bone deep lacerated wound on his scalp. This is attributable to the attack made by the first accused, going by the statement made by the de facto complainant. Though there is an allegation that accused No.2 also attacked the de facto complainant with iron rod, the aforesaid injury is not attributable to that attack. 5. Taking into account the facts and circumstances of the case, I am of the view that the first petitioner/first accused is not entitled to get the relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the first petitioner (first accused), it would affect the proper investigation of the case. However, I am inclined to grant anticipatory bail to the second petitioner (second accused). 6. There will be a direction that in the event of the arrest of the second petitioner (second accused), the officer in charge of the B.A. NO. 7253 OF 2009 :: 3 :: police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The second petitioner (second accused) shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The second petitioner (second accused) shall appear before the investigating officer for interrogation as and when required; c) The second petitioner (second accused) shall not try to influence the prosecution witnesses or tamper with the evidence; d) The second petitioner (second accused) 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 dismissed in so far as it relates to the first petitioner (first accused) and it is allowed in the manner indicated above in so far as it relates to the second petitioner (second accused). (K.T.SANKARAN) Judge ahz/