IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3013 of 2009() ----------------------------- CRIME NO.200/2009 OF PAZHAYANNUR POLICE STATION APPLICANT/ACCUSED ------------------------------------- SIVAPRASAD, AGED 40 YEARS, S/O.P.RAMAN NAIDU, VADAKKETHIL HOUSE, PATTIPARAMBU DESOM, THIRUVILLAMALA VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PAZHAYANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3013 of 2009 -------------------------------- Dated this the 12th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.200 of 2009 of Pazhayannoor Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324 and 326 of the Indian Penal Code. 3. The prosecution case is that without any motive and without enmity, the defacto complainant was attacked by the petitioner with a wooden stick resulting injuries and fracture on tibia of the defacto complainant. 4. The learned counsel for the petitioner submitted that the defacto complainant is involved in several criminal cases and that there are disputes regarding the properties between some of the neighbours connected with the defacto complainant and the petitioner. It is alleged that on the date of the incident, the defacto complainant came to the house of the petitioner, abused the wife of the petitioner and spit on her face. The petitioner came out of the house and there BA No.3013/2009 2 was a scuffle in which the defacto complainant sustained injuries. The accused himself took the defacto complainant to the hospital where he was admitted. It is pointed out that even the FI statement would indicate that the petitioner was also there to take the defacto complainant to the hospital. 4. 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 for a period of one month 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; BA No.3013/2009 3 e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; 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 csl