IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 7076 of 2009 CRIME NO.193 OF 2009 OF CHAVARA POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED NO.3 ------------------------------------------- HARI KUMAR.G, AGED 28 YEARS, S/O.S.GOPALAKRISHNAN, VRINDAVANAM, BUILDING NO.90(2/90), UNDER CHAVARA GRAMA PANCHAYAT, CHERUSSERY BYHAGAOM, CHAVARA.P.O, KOLLAM DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENTS: COMPLAINANTS AND THE DE FACTO COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JACOB MACHADO, S/O.EWAS MACHADO, ROYASE VILLA, CHITTOOR MURI, PANMANA, KOLLAM DISTRICT. 3. ELVIN MACHADO, S/O.EWAS MACHADO, ROYASE VILLA, CHITTOOR MURI, PANMANA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.A.MOHAMMED SAVAD FOR R2&R3 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7076 OF 2009 ------------------------------------------------------ Dated this the 29th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.193 of 2009 of Chavara Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 294(b) and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The learned counsel for the petitioner as well as the learned counsel appearing for the de facto complainant submitted that the disputes between the parties have been settled. 4. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail 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 Rs.15,000/- with two solvent B.A. NO. 7076 OF 2009 :: 2 :: sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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 ahz/