IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5601 of 2011() ----------------------------- CRIME NO.956/2011 OF THRISSUR TOWN EAST POLICE STATION PETITIONER/ACCUSED 1 TO 3 : ------------------------------------ 1. PRAVEEN,S/O.BALAN,ALENGATTUPARAMBIL HOUSE,ST.THOMAS COLLEGE ROAD,THRISSUR. 2. SULOCHANA BALAN,W/O.BALAN, ALENGATTUPARAMBIL HOUSE,ST.THOMAS COLLEGE ROAD,THRISSUR. 3. K.V.BALAN,S/O.VEERAUBHADRAN, S/O.SIVARAMAN,ALENGATTUPARAMBIL HOUSE, ST.THOMAS COLLEGE ROAD,THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): STATE -------------------- STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE,THRISSUR TOWN EAST POLICE STATION,THROUGH,THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5601 of 2011 --------------------------- Dated this the 25th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.956 of 2011 of Thrissur Town East Police Station. 2. The offences alleged against the petitioners are under Sections 323, 326 and 341 of the Indian Penal Code. 3. The prosecution case is that the accused attacked the de facto complainant with a stick and caused fracture on his left hand. Accused No.2 is the brother of the de facto complainant. Accused No.3 is the wife of accused No.2. Accused No.1 is the son of accused Nos.2 and 3. It is alleged that the fracture is caused due to the assault made by accused No.1. No overt acts are alleged against accused Nos.2 and 3 which caused the injury resulting in fracture. BA 5601/2011 2 4. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to petitioners 2 and 3/accused Nos.2 and 3. At the same time, in the facts and circumstances and taking into account the injury caused to the de facto complainant, I am of the view that anticipatory bail cannot be granted in favour of the first accused. 5. There will be a direction that in the event of arrest of petitioners 2 and 3/accused Nos.2 and 3, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required . B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence . C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; BA 5601/2011 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 the Bail Application relates to petitioners 2 and 3/accused Nos.2 and 3. K.T.SANKARAN JUDGE csl