IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2068 of 2009(C) ------------------------------------- CRMP.677/2009 of SESSONS COURT, KOTTAYAM CRIME NO.59/2009 OF KIDANGOOR POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 : -------------------------------------- 1. NARAYANAN NAIR, S/O.NARAYANA PILLAI, AGED 72 YEARS, KAROTTUPULICKAL HOUSE, KIDANGOOR SOUTH KARA, KIDNAGOOR VILLAGE, KOTTAYAM. 2. JAYACHANDRAN, AGED 40 YEARS, S/O.NARAYANAN NAIR,KAROTTUPULICKAL HOUSE, KIDANGOOR SOUTH KARA,KIDNAGOOR VILLAGE, KOTTAYAM. BY ADV. SRI.ALAN PAPALI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA(CRIME NO.59/2009 SI OF POLICE, KIDANGOOR POLICE STATION), THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.T.B.HOOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. ------------------------------------------------- B.A. No.2068 OF 2009 -------------------------------------------------- Dated this the 12th day of May, 2009 O R D E R Heard both sides. This petition under section 438 of Code of Criminal Procedure is filed by accused Nos.1 and 2 in Crime No.59/2009 of Kidangoor Police Station alleging offences under sections 326 and 308 read with section 34 of Indian Penal Code. The allegation is that on 17.3.2009 at about 6 p.m. due to previous enmity the petitioners attacked the defacto complainant with knife and iron rod. With regard to the same occurrence a counter case has been registered against the defacto complainant and others as Crime No.58/2009 under sections 447, 323, 324, 326 and 308 read with section 34 of Indian Penal Code. The learned counsel for the petitioners submitted that the defacto complainant in Crime No.59/2009 has not sustained any serious injury in the incident. Now investigation is almost over except the arrest of the petitioners. Therefore granting of anticipatory bail will not adversely affect the investigation. Hence the petition is allowed. It is hereby directed that in the B.A.2068/09 2 event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for Rs.25,000/- each with two solvent sureties for the like sum to the satisfaction of the officer effecting arrest. The parties are directed to appear before the Investigating Officer as and when required. M.L. JOSEPH FRANCIS, JUDGE. okb