IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 6396 of 2009() --------------------------------------- CRIME NO.678/2009 OF VALAPAD POLICE STATION .......... PETITIONER(S) ACCUSED ------------------------------ 1. V.D.ABJITH, AGED 28 YEARS S/O. DEVADAS, VELAYIL HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. 2. SARATH BABU, AGED 19 YEARS, S/O. SURESH BABU, PADATHIL HOUSE, P.O.VALAPAD, THRISSUR DISTRICT. BY ADV. MR.RAJIT RESPONDENT(S): COMPLAINANT & STATE ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, AT ERNAKULAM. 2. HARI, S/O. CHANDRAN, ANTHIKATTU HOUSE P.O.VALAPAD BEACH, CHAVAKKAD THALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.BREEZE R2 BY ADV.MR.K.B.ARUNKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 6396 of 2009 ------------------------------------ Dated this the 1st day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No. 678/2009 of Valapad Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The second respondent is the defacto complainant. It is stated by the counsel for the second respondent that the petitioners did not attack the de facto complainant and that he was attacked by some other identifiable persons. 4. Taking into account the facts and circumstances of the case, the nature of the offence and also the submission made by the learned counsel appearing for the defacto complainant, 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 B.A. No. 6396 of 2009 2 shall release them on bail on their executing bond for Rs. 10,000/- 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 appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln