IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2732 of 2009() ----------------------------- CRIME NO.131/2009 OF PEERUMEDU POLICE STATION PETITIONERS/ACCUSED NO.1,2,4 & 5 ----------------------------------------------------- 1. VIJAYARAJ, VATTAPATHAL, VAGAMON VILLAGE, PEERUMEDU. 2. RETHEESH, VATTAPATHAL, VAGOMON VILLAGE, PEERUMEDU. 3. RAJENDRAN, VATTAPATHAL VAGAMON VILLAGE, PEERUMEDU. 4. MAHESH, VATTAPATHAL, VAGAMON VILLAGE,PEERUMEDU. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU 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 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2732 of 2009 ------------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 4 and 5 in Crime No.131 of 2009 of Peerumedu Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 448 and 308 of the Indian Penal Code. 3. It is stated that one Elias is the defacto complainant in Crime No.131 of 2009. There is a counter case as Crime No.132 of 2009 in which Elias is the first accused. In Crime No.132 of 2009, the first petitioner Vijayaraj is the defacto complainant. The offences involved in Crime No.131 of 2009 and 132 of 2009 are similar. 4. Heard the learned counsel for the petitioners and the learned public prosecutor. 5. 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 BA No.2732/2009 2 release them on bail for a period of one month on their executing bond for Rs.25,000/- 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 report before the investigating officer between 9 A.M. and 11 A.M. on all 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; 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 csl