IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3048 of 2010() ----------------------------- (CRIME NO.73/2010 OF EDACHERI POLICE STATION, KOZHIKODE) PETITIONERS/ACCUSED --------------------------------------- 1. BABU @ BABOOTTY, S/O.GOPALAN, AGED 40 YEARS, THAZHE PUTHALATH HOUSE, KURINHALIYODE P.O., VADAKARA. 2. SANDEEP, S/O.GOPALAN, AGED 25 YEARS, THAZHE KOROTH HOUSE, KURINHALIYODE P.O., VADAKARA. 3. MANI @ SHAJI, S/O.BALAKRISHNA KURUP, AGED 41 YEARS, MANIYARATH, KURINHALIYODE P.O., VADAKARA. 4. VINODAN @ E.K.VINOD, S/O.BALAN, AGED 36 YEARS, EDAVANIKUNI HOUSE, KURINHALIYODE P.O., VADAKARA. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA 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 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3048 OF 2010 -------------------------------- Dated this the 1st day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 326 r/w Section 34 of IPC. According to prosecution, on 17/04/2010, at about 9 p.m, while de facto complainant was about to go to the road through the lane, petitioners came to that lane with some articles. Therefore, he could not get into the lane. Thereafter, he some how managed to get into the lane and bought some articles from the tools shop and went back to the store. At that time, all the accused went there and beat him on several parts of his body. Third accused hit him on his face with a hammer and he sustained grievous hurt. 3. Learned counsel for petitioner submitted that petitioners 1, 2 and 4 have not used any weapon for the offence and the grievous hurt is sustained only at the hands of third accused, who allegedly used a weapon. Fourth accused is having 40% disability in right hand and he has not committed any offence. It is not a pre- meditated act also. 4. Learned Public Prosecutor submitted that he opposed the anticipatory bail application filed by third accused. However, in B.A No.3048 OF 2010 2 respect of accused numbers 1, 2 and 4, he has no objection in granting anticipatory bail on conditions. Weapon is already recovered, it is submitted. 5. On hearing both sides and on going through the relevant materials, I am satisfied that anticipatory bail can be granted to accused numbers 1, 2 and 4 on conditions. However, considering the serious nature of the allegations made against third accused, I am not inclined to grant anticipatory bail to him. Hence, the following order is passed. (1) Prayer for anticipatory bail by third accused is rejected. (2) Accused numbers 1, 2 and 4 shall surrender before the Investigating Officer within seven days from today. (3) On such surrender, if accused numbers 1, 2 and 4 are arrested, they shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) They shall report before the Investigating Officer on every Monday and Thursday between 10 a.m and 1 p.m. B.A No.3048 OF 2010 3 (ii) They shall not influence or intimidate any witnesses or tamper with any evidence. (iii) In case they are involved in any similar offence, bail is liable to be cancelled. Petition is partly allowed. K.HEMA JUDGE vdv