IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4561 of 2009() ------------------------------------------ CRMP.1650/2009 of DISTRICT COURT, KOTTAYAM CRIME NO.433/2009 OF GANDHINAGAR POLICE STATION, KOTTAYAM. .................... PETITIONER/ACCUSED: -------------------------------------- JOBY JOHNSON, AGED 22 YEARS, S/O.JOHNSON, EDACHATHARA HOUSE, GANDHI NAGAR P.O., KOTTAYAM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT/ COMPLAINANT: ------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4561 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 5th accused in Crime No.433/2009 of Gandhinagar Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 294(b) and 326 of the Indian Penal Code. 3. The date of alleged incident was on 19/7/2009. The discharge card issued by the department concerned of the Medical College, Kottayam shows that the defacto complainant was admitted in the hospital on 20/7/2009 and he was discharged on 30/7/2009. The F.I. Statement was recorded on 21/7/2009. Going by the F.I. Statement, there was an attack by seven persons who came on three motor bikes. The defacto complainant could not escape since all of them surrounded him and attacked. The discharge card issued by the Medical College Hospital shows the history of the injury as follows: B.A. No. 4561/ 2009 2 “RTA-fall from bike at Pullichode on 19/7/2009” It would indicate that the injuries were caused due to road traffic accident. The learned counsel for the petitioner submitted that the case was foisted against him. The name of the accused No.5 is not mentioned in the F.I. Statement. 4. It is not necessary to arrive at a finding as to whether the mention of fall from bike as noted in the discharge certificate is correct or whether the incident narrated in the F.I. Statement is correct. All those are the matters to be considered at the time of trial of the case. 5. The learned Public Prosecutor submitted that the petitioner is involved in five other crimes and that he is regularly involved in offences within the Gandhinagar Police station area. 6. Taking note of the discrepancy in the case put forward in the F.I. Statement and the statement given by the defacto complainant before the Medical Officer at the first opportunity, I am of the view that discretion should be exercised in favour of granting anticipatory bail. Taking into account the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. There will be a direction that in the event of the B.A. No. 4561/ 2009 3 arrest of the petitioner, the officer in charge of the police station shall release him on bail 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. 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 scm