IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2405 of 2009() ----------------------------- CRIME NO.6282009 OF NARAKKAL POLICE STATION .................... PETITIONER/ACCUSED: -------------------------------------- 1. RATHEESH,AGED 26 YEARS,S/O.GODDS, ELENJIKKAL HOUSE, NARAKKAL P.O. NARAKKAL 2. STALIN AGED 28 YEARS, S/O.GEORGE, KALATHIPARAMBIL HOUSE, -DO- -DO- 3. JOYYACHAN,AGED 31 YEARS,S/O.ANTONY, PUTHUSSERRY HOUSE, -DO- -DO- 4. JOEMON,AGED 26 YEARS, S/O. KUNJAPPAN, -DO- -DO- BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.628/2009 OF NARAKKAL POLICE STATION) PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2405 of 2009 --------------------------------- Dated this the 28th day of May, 2009 ORDER This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.628 of 2009 of Narakkal Police Station. 2. The offence alleged against the petitioners are under sections 143, 147, 148, 324 and 452 read with Section 149 of the Indian Penal Code. 3. I have perused the case diary. The injuries sustained by the defacto complainant are not serious in nature. He was not admitted in the Government Hospital. It is stated that he was admitted in St.Vincent De Paul Hospital. 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 BA No.2405/2009 Page numbers month on their executing bond for Rs.25,000/- 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 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