IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 5269 of 2011() ----------------------------- CRIME NO.295/2011 OF PARASSALA POLICE STATION THIRUVANANTHAPURAM DISTRICT (S): PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. KUMAR,S/O.SADASIVAN AGED 28 YEARS, PERUMARATHANKUZHY PUTHEN VEEDU,KOTTAMOM, PARASSUVAKKAL PO, THIRUVANANTHAPURAM. 2. PRAVEEN,S/O.PRABHAKARAN, CHEMMANNUVILA,KOTTAMOM, PARASSUVAKKAL PO, THIRUVANANTHAPURAM. 3. KOCHANI @ ANILKUMAR,S/O.STEPHEN, PERUMARATHANKUZHY VEEDU,KOTTAMOM, PARASSUVAKKAL PO, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------- STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5269 of 2011 ---------------------------------------------- Dated this the 17th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 3 in Crime No.295 of 2011 of Parassala Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 02/04/2011, the accused attacked the de facto complainant which resulted in fracture of his left ulna. The fracture was caused due to attack made by accused No.1 with a stick. The overt acts alleged against accused Nos.2 and 3 are not attributable to the grievous hurt caused to the de facto complainant. 4. Taking into account the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the first accused. As a result of the attack made by him, grievous hurt was caused to the de facto complainant. However in the Bail Appln.No.5269/2011 : 2 : facts and circumstances of the case, I am inclined to grant anticipatory bail to petitioners 2 and 3/A2 and A3. There will be a direction that in the event of the arrest of petitioners 2 and 3/A2 and A3, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) Petitioners 2 and 3/A2 and A3 shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) Petitioners 2 and 3/A2 and A3 shall appear before the investigating officer for interrogation as and when required; C) Petitioners 2 and 3/A2 and A3 shall not try to influence the prosecution witnesses or tamper with the evidence. D) Petitioners 2 and 3/A2 and A3 shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5269/2011 : 3 : E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is dismissed in so far as it relates to petitioner No.1/ accused No.1 and it is allowed to the extent indicated above, in so far as it relates to petitioners 2 and 3/Accused Nos.2 and 3. K.T.SANKARAN, JUDGE skj