IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7025 of 2009() ----------------------------- CRIME NO.439/2009 OF PALLIKKATHODU POLICE STATION, KOTTAYAM PETITIONERS/1ST & 2ND ACCUSED ------------------------------------------------- 1. SREEJITH, AGED 24 YEARS, S/O SREEKUMAR, PUTHENPURACKAL HOUSE, CHAMPATHAL PO, KOTTAYAM. 2. VALSALA, AGED 43 YEARS, W/O SREEKUMAR, PUTHENPURACKAL HOUSE, CHAMPATHAL P.O., KOTTAYAM. BY ADV. SRI.JINU JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTED BY THE S.I. OF POLICE, PALLIKKATHODU POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7025 of 2009 --------------------------------------------- Dated this the 2nd day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.439 of 2009 of Pallikkathodu Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 114, 447 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 14.10.2009, at about 6.30 P.M., the accused persons trespassed into the courtyard of the house of the de facto complainant and shouted and threatened to kill him. The first accused attacked the de facto complainant with a chopper. The de facto complainant warded off the cut with his right hand. He suffered a cut injury in between the thump and index finger. The de facto complainant was taken to the Taluk Headquarters Hospital, Kanjirappally and later, he was referred to the Medical College Hospital, Kottayam. 4. The wound certificate would disclose that the de facto BA No.7025/2009 2 complainant has sustained an incised wound having a length of 11 cm. and a depth of 4 cm. on the right hand. 5. The second accused is the mother of the first accused. The allegation is that she abetted the commission of the offence and she asked the first accused to kill the de facto complainant. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the second petitioner/second accused. At the same time, I am not inclined to grant anticipatory bail to the first petitioner/first accused. There will be a direction that in the event of the arrest of the second petitioner/second accused, the officer in charge of the police station shall release her on bail on her 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 shall appear before the investigating officer for interrogation as and when required; b) The second petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The second petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.7025/2009 3 d) 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 csl