IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5331 of 2011 CRIME NO.382 OF 2011 OF PUTHENVELIKARA POLICE STATION, ERNAKULAM PETITIONERS: ACCUSED 4 AND 5: ------------------------------ 1. SHAJEEV.S/O.THOMAS, KATHANATTU HOUSE, GOTHURUTH P.O.,KURUNMBATHURUTH 2. ROBINRAJ.S/O.RAJIV, KONATH HOUSE GOTHURUTH BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT: STATE: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, PUTHENVELIKARA POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5331 OF 2011 F ------------------------------------------------------ Dated this the 14th day of July, 2011 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.4 and 5 in Crime No.382 of 2011 of Puthenvelikara Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 323, 324, 452, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that Crime No.386 of 2011 was registered at the same police station, in which, accused No.5 (second petitioner herein) is the de facto complainant. The counsel also submitted that the second petitioner sustained fracture in the attack made by the accused in Crime No.386 of 2011. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO.5331 OF 2011 :: 2 :: 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 police station shall release them on bail for a period of two months on their executing bond for Rupees Ten thousand 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) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. 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 ahz/