IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3816 of 2009() ----------------------------- CRIME NO.193/2009 OF ENATHU POLICE STATION PETITIONERS (S): ACCUSED 1 AND 2 ------------------------------------------------------- 1. SUNIL S/O. GEORGE, AGED 28 YEARS, SUNIL BHAVAN, THUVAYOOR SOUTH MURI, KADAMBANAD VILLAGE, ADOOR TALUK. 2. GEORGE, S/O. ALTHROSE, AGED 58 YEARS, SUNIL BHAVAN, THUVAYOOR SOUTH MURI. KADAMBANAD VILLAGE, ADOOR TALUK. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): --------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, ENATHU POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD, SR.P.P. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3816 OF 2009 ------------------------------------------------------ Dated this the 17th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.193 of 2009 of Enathu Police Station. 2. The offences alleged against the petitioners are under Sections 452, 324 and 427 read with Section 34 of the Indian Penal Code. 3. The first petitioner is the son of the brother of the husband of the de facto complainant. The second accused is the father of the first petitioner. The allegation is that the first accused pelted stones at the house of the de facto complainant. One stone hit on the body of the de facto complainant. When she questioned about it, the second accused trespassed into the house of the de facto complainant and hit on her face. She sustained injuries. The First Information Statement would disclose that there is a dispute regarding the pathway between the parties. Learned counsel for the petitioners submitted that Crime No.192 of 2009 was registered by the police against the henchmen of the present de facto complainant. In Crime No.192 of 2009 the de facto complainant is the first petitioner and the injured is the second petitioner. B.A. NO. 3816 OF 2009 :: 2 :: 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 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/