IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 2089 of 2010() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.77/2010 Dated 30/03/2010 CRIME NO. 943/2009 OF KAYAMKULAM POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------- 1. BIJU @ KILIMUTHU, GOPURAM, PUTHUPPALLY VILLAGE, PRAYAR PO, OCHIRA,ALAPPUZHA 690 547. 2. BINU @ THAMPAN, ULIYANATTU KIZHAKKATHIL, PUTHUPPALLY VILLAGE, PRAYAR PO, OCHIRA, ALAPPUZHA 690 547. BY ADV. SRI.T.S.HARIKUMAR RESPONDENTS/COMPLAINANT AND STATE : --------------------------------------------------- 1. THE SUB-INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2089 of 2010 ------------------------------------ Dated this the 5th day of April, 2010 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 and 2 in Crime No.943/2009 of Kayamkulam Police Station, Alapuzha District. 2. The offences alleged against the petitioners are under Sections 294(b), 323, 341, 354, 452 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioners trespassed into the house of the de facto complainant and attacked him and his wife. It is stated that the de facto complainant is the uncle of the petitioners. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. 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 petitioners. There will be a direction that in the event of the arrest of the B.A. No. 2089 / 2010 2 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs. 25,000/- 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 report before the investigating officer between 9 A.M and 11 A.M. on every Monday, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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