IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 290 of 2010() --------------------------------------- CRIME NO.8/2010 OF MELUKAVU POLICE STATION, KOTTAYAM DISTRICT. ............... APPLICANT/ACCUSED NO.2 TO 4 ------------------------------------------------ 1. BABU, AGED 52 YEARS, S/O.AVIRAH, THOTTATHIL (H), MATTATHIPPARA BHAGOM, KADANADU VILLAGE, MEENACHIL TALUK. 2. RAJU, AGED 35 YEARS, S/O.RAGHAVAN, VATTAKKUDIYIL HOUSE, ANCHIRI KARA, ALAKODE VILLAGE, THODUPUZHA TALUK. 3. PAUL, AGED 29 YEARS, S/O.JOSEPH, PUTHENPURACKAL HOUSE, MUTTOM KARA, MUTTOM VILLAGE, THODUPUZHA TALUK. BY ADV. MR.P.VIJAYA BHANU, MR.VIPIN NARAYAN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, MELUKAVU POLICE STATION. BY PUBLIC PROSECUTOR MR.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 290 of 2010 ------------------------------------ Dated this the 22nd day of February, 2010 O R D E R When the Bail Application came up for hearing on 11.02.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 4 in Crime No.8 of 2010 of Melukavu Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 294(b), 323 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 3.1.2010, the de facto complainant was attacked by the accused persons with sticks and hands. The de facto complainant sustained fracture on his left leg. It is submitted that the fracture is attributable to the assault made by accused No.1. It is submitted that accused No.1 was arrested and he was later released on regular bail. It is also submitted that the overt acts alleged against the petitioners are not attributable to the grievous injury sustained by the de facto complainant. B.A. No. 290 of 2010 2 4. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 16.2.2010 and 17.2.2010. The petitioners shall produce copy of the order before the investigating officer. Post on 22.2.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.8 of 2010 of Melukavu Police Station. Hand over copy to both sides.” 2. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 11.02.2010. 3. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 290 of 2010 3 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 on their executing bond for Rs.15,000/- 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 A.M and 11 A.M. on alternate 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) 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 ln