IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4741 of 2009() ------------------------------------------ (CRIME NO.133/2009 OF ERUMELY POLICE STATION,KOTTAYAM DISTRICT) PETITIONER: -------------------- K.BINU ALIAS KANNAN, S/O.MANGALANANDHAN, KAVUNKAL THAZHE HOUSE, KANAKAPALAM POST, ERUMELY, KOTTAYAM DISTRICT. BY ADV. MR.P.KURUVILLA JACOB RESPONDENT(S): --------------------------- 1. S.I OF POLICE, ERUMELY POLICE STATION, ERUMELY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 4741 of 2009 ------------------------------------ Dated this the 26th day of August, 2009 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 2nd accused in Crime No.133 of 2009 of Erumely Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, 427 and 308 read with section 34 of the Indian Penal Code. 3. The de facto complainant is an autorickshaw driver. His case is that he was attacked by the accused persons and he sustained injury. The accused persons have a different story. They stated that the wife of the 1st accused hired the autorickshaw driven by the de facto complainant. He misbehaved towards her. On reaching the destination, she informed the 1st accused about the incident. The matter was reported to the police. A case was registered against the autorickshaw driver (de facto complainant in the present case). 4. Taking into account the facts and circumstances of the BA 4741/09 2 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 petitioner. 5. 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.25,000/- with two solvent 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 every alternate Monday, till the final report is filed or until further orders; 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 mn