IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2336 of 2009() ----------------------------- CRIME NO.856/09 OF KOTHAMANGALAM POLICE STATION PETITIONERS 1 TO 3/ACCUSED 1 TO 3 ----------------------------------------------------- 1. T.V.SUBHASH,AGED 25 YEARS, S/O.VELUYADHAN,THATTTARATHIL HOUSE,ERAMALLOOR VILLAGE,NELLIKUZHI KARA,PAYIPRA.PO. 2. SAJI,AGED 32 YRS,S/O.GOPALAN, KUNNATHUKUDY HOUSE,ERAMALLOOR VILLAGE,NELLIKUZHI KARA,PAYIPRA.PO. 3. PRAKASH,AGED 26 YEARS,S/O.RAJAN, MADATHIKUDY HOUSE,ERAMALLOOR VILLAGE,NELLIKUZHI KARA,PAYIPRA.PO. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA,REPRESENTED BY THE DY.SUPERINTENDENT OF POLICE,MUVATTUPUZHA POLICE STATION(INVESTIGATING OFFICER IN CRIME NO.856/2009 REP;BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,COCHIN-682011. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2336 of 2009 ----------------------------------------- Dated this the 23rd May, 2009 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 1, 2 and 3 in Crime No.856/09 of Kothamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 308 read with 34 of the Indian Penal Code. 3. The prosecution case is that a fight occurred between two sets of persons in a bar hotel. The employees of the bar hotel intervened and they sustained injuries. Crime No.856/2009 was registered against the petitioners and others. It is stated that another crime was registered as Crime No.858/2009 against the de facto complainant under Sections 341 and 323 read with 34 of the Indian Penal Code. In the present case, the injuries sustained by the de facto complainant are minor injuries. BA.2336/09 2 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 petitioners, the 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 AM and 11 AM 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. BA.2336/09 3 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 as above. K.T.SANKARAN, JUDGE vgs.