IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8822 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7082/2011 Dated 27/09/2011 CRIME NO.550/2011 OF YEROOR POLICE STATION KOLLAM DISTRICT .................... PETITIONER/IST ACCUSED : ------------------------ ANOOP, AGED 24, S/O.CHANDRASEKHARA PILLAI, ANOOP BHAVAN, AYLARA P.O., AYIRANELLOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SRI.T.A.ABDUL RASHEED RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, YEROOR POLICE STATION. B.A.No.8822/2011 ADDL.R2 : SHAMEER, AGED 25, S/O.BASHEER, FIROZ MANZIL, VILAKKUPARA, PATHANAPURAM TALUK, KOLLAM DISTRICT. (Additional R2 impleaded as per order dated 15/11/2011 in Crl.M.Appln.No.7297 of 2011.) PUBLIC PROSECUTOR SRI.R.RANJITH ADV. SRI.K.B.ARUNKUMAR FOR R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8822 of 2011 ---------------------------------------------- Dated this the 15th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.550 of 2011 of Yeroor Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 452 and 324 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The de facto complainant filed Crl.M.Appln.No. 7297 of 2011 to implead himself as an additional respondent. The application is allowed. In the affidavit accompanying that application, the de facto complainant stated that the disputes between the parties have been settled with the help of mediators. 4. Taking into account the facts and circumstances of the case and also the fact that the disputes between the parties have been settled, the nature of the offences and other circumstances, I am of the view that anticipatory bail Bail Appln.No.8822/2011 : 2 : 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 on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 skj