IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 3996 of 2009() ------------------------------------- CRIME NO. 358/2009 OF CHAVARA POLICE STATION, KOLLAM DISTRICT ............................... PETITIONERS/ACCUSED NO.1: --------------------------------------------- RANJITH C.MOHAN @ APPUNNI, S/O.CHANDRAMOHAN, RESMI VILLA, MADAPPALLY MURI, MUKUNDAPURAM P.O., CHAVARA, KOLLAM DISTRICT. BY ADV. SRI. C.S. MANU RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY C.I. OF POLICE, CHAVARA POLICE STATION, NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3996 of 2009 ------------------------------------ Dated this the 4th day of 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 first accused in Crime No.358/2009 of the Chavara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. It is submitted that disputes and differences between the defacto complainant and the petitioner have been amicably settled and that the defacto complainant has no grievance against the petitioner. The petitioner and the defacto complainant belong to same locality. It is also stated that the petitioner intends to file an application under Section 482 of the Code of Criminal Procedure to quash the proceeding. An affidavit sworn by the defacto complainant is filed incorporating the above facts. Advocate Sri. Boby Mathew, appeared for the defacto complainant. 4. Taking into account the facts and circumstances of the case, the subsequent developments and other circumstances, I am of the view that anticipatory bail can be granted to the B.A.No. 3996 of 2009 2 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. 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 ln