IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 358 of 2010() ---------------------------- CRIME NO.6 OF 2010 OF MALAMPUZHA POLICE STATION .................... PETITIONER/1ST ACCUSED -------------------------------------- JAGADEESH, AGED 29 YEARS, S/O.KUPPUNNI, PANCHERIKADU, MARUTHARODE, PALAKKAD. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.358 of 2010 --------------------------------------------- Dated this the 4th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.6 of 2010 of Malampuzha Police Station. 2. The offences alleged against the petitioner are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. There are four accused persons in the case. All of them applied for anticipatory bail before the court of Session, Palakkad. The learned Sessions Judge granted anticipatory bail to accused Nos.2 to 4, but rejected the prayer made by the petitioner on the ground that he had attacked the de facto complainant on his head with sword which had resulted in serious injuries on the de facto complainant. 4. The learned counsel for the petitioner submitted that the petitioner had sustained injuries as a result of the attack made by the de facto complainant and Crime No.3 of 2010 was registered against the de facto complainant in the present case BA No.358 /2010 2 at the instance of the petitioner. 5. I have perused the case diary. The Accident Register cum Wound Certificate in the present case shows that the history and cause of injury is mentioned as “RTA”. That means that the de facto complainant stated to the doctor that he sustained injuries as a result of road traffic accident. It is also mentioned therein thus: “Bike he was driving was hit by another vehicle.” Three lacerated wounds on the scalp were noticed in the wound certificate. The de facto complainant was referred to the Medical College hospital. It is true that the doctor who examined him had also given an information thus: “may or may not be as alleged as no other injury on the body seen after falling form bike.” The CD file also shows that another person, namely, Suresh had sustained fracture. 6. The learned counsel for the petitioner submitted that the de facto complainant is a goonda of the locality and that he is involved in several crimes. 7. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. BA No.358 /2010 3 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.15,000/- 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 alternate Mondays, 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; 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