IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 7295 of 2011() ----------------------------- IN CRIME NO.391/2011 OF NEYYARDAM POLICE STATION PETITIONER (S): ------------------------ AJI KUMAR, S/O.VISWAMBARAN ASSARI, ANIL BHAVAN, KOCHUKONATHU VEEDU, KOTTOR P.O.,MANNORAKARA TRIVANDRUM BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): -------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. ----------------------------- B.A.No.7295 of 2011 --------------------------- Dated this the 30th day of November, 2011 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 sole accused in Crime No.391 of 2011 of Neyyardam Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 323, 326 and 294(b) of the Indian Penal Code. 3. When the Bail Application came up for admission on 18th November, 2011, the following order was passed: “3. The prosecution case is that on 30.6.2011, while the petitioner was quarreling with certain others, the de facto complainant had intervened and tried to pacify him. At that juncture, the petitioner attacked the de facto complainant with a stick and he sustained fracture of right thumb. 4. The learned counsel for the B.A.No. 7295 OF 2011 2 petitioner submitted that though the occurrence allegedly took place on 30.6.2011, FIR was registered only on 8.7.2011. The counsel also pointed out that Crime No.379 of 2011 was registered on 2.7.2011 in which the petitioner is the de facto complainant and the de facto complainant in the present case is the accused. It is submitted that the offences alleged in Crime No.379 of 2011 are under Sections 341, 323 and 427 read with Section 34 of the Indian Penal Code. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 24.11.2011 and 25.11.2011. 6. Post on 30.11.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.391 of 2011 of Neyyardam Police Station, till 1.12.2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 18th November, 2011 has been complied with by the petitioner. B.A.No. 7295 OF 2011 3 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 18th November, 2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) 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 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. B.A.No. 7295 OF 2011 4 e) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms