IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7525 of 2011() ------------------------------------ CRMP.2817/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.725 OF 2011 OF GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT .................... PETITIONER/ACCUSED NO.2 : ------------------------------------------- SHAMEER, AGED 25 YEARS, S/O.SHAMSUDEEN, KANIYAMPARAMBIL HOUSE, PERUMBAIKKADU VILLAGE, NATTASSERY, KOTTAYAM. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S SRI.K.S.MURALIKRISHNAN NAIR RESPONDENTS/COMPLAINANTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. 2. SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, KOTTAYAM. 686 004. BY PUBLIC PROSECUTOR, MR.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7525 OF 2011 --------------------------------- Dated this the 26th day of September , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.2 in Crime No.725 of 2011 of Gandhinagar Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Sections 341, 326, 323 and 308 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 8.8.2011 at 8.15 P.M, the accused persons attacked the defacto complainant. The defacto complainant sustained grievous hurt. The overt act alleged against accused No.1 has resulted in the grievous hurt caused to the defacto complainant. However, the overt acts alleged against the petitioner are not attributable to any serious injury caused to the defacto complainant. B.A.No.7525 OF 2011 2 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 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 Rs.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 all Mondays, till the investigation is over 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. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No.7525 OF 2011 3 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