IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4143 of 2009 CRIME NO.253 OF 2009 OF KANJAR POLICE STATION, IDUKKI DIST. CRMP.2120/2009 of D.C.& SESSIONS COURT,THODUPUZHA APPLICANT/ACCUSED ------------------------------------- BIJU, S/O. JOSEPH, KUZHIKKATTUKUNNEL HOUSE, KALAYANTHANI.P.O., ALAKODE VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REP. BY THE S.I. OF POLICE KANJAR POLICE STATION. PUBLIC PROSECUTOR SRI.JIKKU GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4143 OF 2009 ------------------------------------------------------ Dated this the 6th August, 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 the accused in Crime No.253 of 2009 of Kanjar Police Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 294(b), 341 and 333 of the Indian Penal Code. 3. The prosecution case is that on 2.7.2009, the accused hit on the face of the de facto complainant while he was in discharge of his official duties. The defacto complainant sustained injuries and his upper incisor tooth got loosened. 4. Learned counsel for the petitioner submitted that the petitioner made complaints against the de facto complainant to the higher authorities alleging non-supply of postal articles to the petitioner. According to the petitioner, the present case is foisted B.A. NO. 4143 OF 2009 :: 2 :: against him on account of the fear of any action being taken against the de facto complainant and also on account of his enmity towards the petitioner. The fact that a complaint was filed against the de facto complainant is not seen disputed. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, 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 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; B.A. NO. 4143 OF 2009 :: 3 :: 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/