IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Bail Appl..No. 6779 of 2009 CRIME NO.1116 OF 2009 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED 1- 4 -------------------------------------------- 1. NIRMALA KUMAR.F. S/O.FERDINANT, REENA BHAVANAM, KARIKUZHY, KOLLAM. 2. PONNAPPAN @ GEORGEKUTTY.F., S/O.FERDINANT, KALLUVILA KIZHAKKATHIL, KARIKUZHY, KOLLAM. 3. VINDO STANSON, S/O.STANSON, VANAJAVILASOM, KARIKUZHY, KOLLAM. 4. ROY, S/O.MOLUD, NEDUVILA VEEDU, KARIKUZHY, PADAPPAKARA P.O., KOLLAM. BY ADV. SRI.JOHN BRITTO RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6779 OF 2009 ------------------------------------------------------ Dated this the 20th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.1116 of 2009 of Kundara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 323, 506(ii) and 452 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the case diary also. The case diary would reveal that accused No.1 used a chopper for commission of the offence and inflicted a cut injury on the hand of the de facto complainant. However, no such allegation of having used any weapon is made against accused Nos.2 to 4. 4. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the first petitioner (first accused). However, I am inclined to grant anticipatory bail to B.A. NO. 6779 OF 2009 :: 2 :: petitioners 2 to 4 (accused Nos.2 to 4). There will be a direction that in the event of the arrest of petitioners 2 to 4, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 2 to 4 shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) Petitioners 2 to 4 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 2 to 4 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 2 to 4 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 in so far as it relates to petitioners 2 to 4 (accused Nos.2 to 4) and it is dismissed in so far as it relates to the first petitioner (first accused). (K.T.SANKARAN) Judge ahz/