IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3019 of 2009() ----------------------------- CRIME NO.229/2009 OF VAZHAKKULAM POLICE STATION PETITIONERS (S): ACCUSED 1 & 2 -------------------------------------------- 1. SANTHOSH.K.S, AGED 28, S/O. SREEDHARAN, KODAPPANANIKKAL HOUSE, VAZHAKKULAM.P.O, VAZHAKULAM. 2. MANOJ.P.N, AGED 30, S/O. NARAYANAN, PONNURUTHAM KUDIYIL, VAZHAKKULAM.P.O, VAZHAKKULAM. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VAZHAKKULAM POLICE STATION, VAZHAKULAM REPRESENTED BY PUBILC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3019 of 2009 ------------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.229 of 2009 of Vazhakkulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 341, 323 and 308 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that the date of occurrence of the alleged incident was on 15.4.2009, but the FIR was registered only on 17.4.2009. The injuries are only minor injuries. 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 BA No. 3019/2009 2 the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners 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 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; 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl