IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 2980 of 2009() ----------------------------- CRIME NO.309/2009 OF MALA POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- TOMY C.K., AGED 42, S/O.KOCHUVARU, CHAKKALACKAL HOUSE, MALAPALLIPPURAM DESOM, THIRUTHUM MURI, POYYA VILLAGE, VIA MALA, THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, MALA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2980 of 2009 ------------------------------------ Dated this the 12th day of June, 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 accused in Crime No.309/2009 of Mala Police Station, Thrissur. 2. The offences alleged against the petitioner are under sections 324 and 308 of the Indian Penal Code. 3. The defacto complainant is the paternal uncle of the accused. The learned counsel for the petitioner submitted that Crime No.312/2009 was registered on the information given by the petitioner against the defacto complainant in crime No.309/2009. It would appear that there was some dispute between the parties on account of destruction of plantains, death of duck and other matters, which resulted in the incident. It is alleged that both parties sustained injuries. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and B.A. No. 2980 /2009 2 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. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No. 2980 /2009 3 The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm