IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3312 of 2009() ------------------------------------------- CRIME NO.513/2009 OF KOLLAM EAST POLICE STATION. PETITIONERS/ACCUSED NOS.1 & 3: ------------------------------------------------- 1. VINOD, S/O.MAHESHAN, AGED 30 YEARS, DESINGANADU NAGAR - 82, CHAMPIKAKAM, ASRAMAM, KOLLAM. 2. VINESH, S/O.VISWANATHAN, AGED 26 YEARS, V.S.NIVAS EDAVATTARAM, VELLIMON, KOLLAM. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT : ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, EAST POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3312 of 2009 ------------------------------------ Dated this the 6th day of 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 3 in Crime No.513/2009 of Kollam East Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons attacked the defacto complainant with an iron rod and he sustained injuries. 4. I have perused the case diary and also the wound certificate. 5. 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 B.A. No. 3312 / 2009 Page numbers police station shall release them on bail for a period of one 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 or even before that period. 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 scm