IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4409 of 2009() ----------------------------- CRIME NO.101/2009 OF KATTAKKADA POLICE STATION .................... PETITIONERS : ACCUSED 1 & 2: ------------------------------------------ 1. BIJUKUMAR, AGED 30 YEARS, S/O.JANARDHANAN, CHIRATHALAKKAL VEEDU, KAPPIKKAD, POOVACHAL P.O., KATTAKKADA, TRIVANDRUM. 2. SAJU KUMAR, AGED 27 YEARS, S/O.JANARDHANAN, CHIRATHALAKKAL VEEDU, KAPPIKKAD, POOVACHAL P.O., KATTAKKADA, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4409 of 2009 --------------------------------------------- Dated this the 18th day of August, 2009 ORDER 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.101 of 2009 of Kattakkada Police Station. 2. The offences alleged against the petitioners are under Sections 147, 148, 294(b), 452, 323 and 324 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary. 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 BA No.4409/2009 2 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 alternate 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) 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 csl