IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 927 of 2009() ---------------------------- CRIME NO.115/2009 OF KOTTIYAM POLICE STATION PETITIONERS/ACCUSED NO.2 & 3 ------------------------------------------------ 1. VIPIN, S/O.VIJAYAKUMAR, AGED 17 YRS, VIPIN NIVAS, NADUVILAKKARA MURI, ALUMOODU.PO, MUKHATHALA, KOLLAM. 2. KANNAN, S/O.BABU, PUSHPALAYAM, THRIKKOVILVATTOM.P.O,MUKHATHALA.P.O,KOLLAM. BY ADV. SRI.PRATHEESH.P SRI. K.SIJU RESPONDENT(S): ---------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTAYAM POLICE STATION THROUGH P.PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 927 of 2009 =============================== DATED: 11.03.2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos.2 and 3 in Crime No.115 of 2009 of Kottiyam Police Station for an offence punishable under Sections 452,324 and 294(b) IPC, seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the allegations levelled against the 1st petitioner(A2), who appears to be a juvenile, the relative conduct of the parties, the nature of the legal injury and the other circumstances of the case, I am inclined to grant anticipatory bail to the 1st petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the 1st petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: B. A. No.927/2009 -:2:- i) The 1st petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. ii) The 1st petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. iii) The 1st petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. iv) The 1st petitioner shall not commit any offence while on bail. v) On the expiry of the aforesaid period, the 1st petitioner shall surrender before the Magistrate concerned and seek regular bail. 4. If the 1st petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. 5. Anticipatory bail cannot be granted to the 2nd petitioner. But at the same time, I am inclined to permit the 2nd petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the 2nd petitioner shall surrender before the investigating B. A. No.927/2009 -:3:- officer on any day between 16.03.09 and 18.03.09 for the purpose of interrogation and recovery of incriminating material, if any. The 2nd petitioner shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This application is allowed in part as above. Dated this the 11th day of March, 2009 V.RAMKUMAR, JUDGE. sj