IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 Bail Appl..No. 7537 of 2008 ----------------------------- CRIME NO. 241/2008 OF VARANTHARAPPILLY POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. SHAJU P.D., S/O.DEVASSY, PLAKKA HOUSE, VARANTHARAPPILLY P.O., PALLIKUNNU. 2. GEORGE, S/O.JOSE, KIZHAKKODAN HOUSE, VELUPPADAM P.O., POUND DESOM. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.K. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. - - - - - - - - - - - - - - - - - Bail Application NO.7537 OF 2008 - - - - - - - - - - - - - - - - DATED THIS THE 23RD DAY OF DECEMBER 2008 O R D E R In this Petition filed under Section 438 Cr.P.C. the petitioners who are the accused 1 and 2 in Crime No. 241/2008 of Varantharappilly Police Station for offences punishable under Sections 452, 324, 323 read with Section 34 of the Indian Penal Code seek anticipatory bail. The allegation against the petitioners is that on 23-11-2008 at 2 p.m.the petitioners along with the 3rd accused trespassed to the house of the de facto complainant and the first accused assaulted on the stomach of the de facto complainant and caused injury by stabbing with broken milk bottle and the second and the third accused also assaulted the de facto complainant on different parts of the body. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. This petition is not opposed by the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled Bail A.No.7537/2008 -:2:- against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on their executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. Bail A.No.7537/2008 -:3:- 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. M.C. HARI RANI, ks. JUDGE.