IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2290 of 2009() ----------------------------- CRIME NO.194 OF 2009 OF CHATHANOOR POLICE STATION PETITIONERS/2ND & 3RD ACCUSED ------------------------------------------------- 1. GOPAN, AGED 26 YEARS, S/O.GOPINATHAN, VIMALA BHAVAN, PULIYANALLAI, PALLIMON VILLAGE, KOLLAM DISTRICT. 2. PREMRAJ, AGED 24 YEARS, S/O.RAJENDRAN, KUNNUMPURATH VEEDU, PALLIMON VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.2290 of 2009 ---------------------------------- Dated this the 28th day of May, 2009 ORDER This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.194 of 2009 of Chathanoor Police Station. 2. The offence alleged against the petitioners are under sections 452, 323, 324 and 34 of the Indian Penal Code. 3. The prosecution case is that on 4.4.2009, the petitioners and the other accused persons criminally trespassed into the defacto complainant's house, beat him and his mother with a stick and kicked them on their stomach. 4. The learned public prosecutor on instructions, submits that neither the defacto complainant nor his mother has undergone any treatment and that there is no wound certificate. The first accused was arrested and later, he was released on bail. 5. Taking into account the facts and circumstances of the case and the nature of the offence, 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 petitioners, the BA No.2290/2009 Page numbers officer in charge of the police station shall release them on bail for a period of one month 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 all Mondays, 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) On the expiry of the period mentioned above, the petitioners 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