IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 628 of 2009() ---------------------------- CRIME NO.346/2008 OF KARIMANNOOR POLICE STATION PETITIONER (S): 1ST ACCUSED -------------------- SCARIA @ BABY, S/O. VARGHESE, AGED 56 YEARS, PAIKAYIL HOUSE, CHEPPUKULAM KARA, UDUMBANNOOR VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.628 of 2009 ------------------------------- Dated this the 19th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.346 of 2008 of Karimannoor Police Station. 2. The offences alleged against the petitioner are under Sections 308, 323 and 326 read with Section 34 of the Indian Penal Code. 3. The incident took place on 2.12.2008. In the FI statement recorded on 3.12.2008, the defacto complainant stated that he was attacked by Karate Baby and son-in-law of one Mathew. Subsequently, on 4.12.2008, he stated that it was not Karate Baby, who inflicted injuries on him, but it was Scaria @ Baby, who is the petitioner herein. 4. The learned counsel for the petitioner submitted that the learned Sessions Judge, Thodupuzha, granted anticipatory bail to the second accused by the order dated 8th January 2009 in Crl.M.P.No.5178 of 2008. The petitioner apprehends arrest on accusation of the aforesaid offences. It is submitted that he is BA No.628 /2009 2 implicated without any ground and that there is nothing to connect the petitioner with the offence. It is not necessary to arrive at a finding on this aspect at present since any decision or observation would prejudice either the prosecution or the accused. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; BA No.628 /2009 3 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