IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1516 of 2010 CRIME NO.661 OF 2009 OF VARAPUZHA POLICE STATION, ERNAKULAM. PETITIONER/4TH ACCUSED ------------------------------------------ K.P.ASLAM, AGED 30 YEARS, S/O.PAREED, KOCHUPARAMBIL HOUSE, PANAYIKULAM, ALANGAD. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1516 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 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.4 in Crime No.661 of 2009 of Varapuzha Police Station. 2. The offences alleged against the accused are under Sections 341, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 29.11.2009 at 5 PM, while the de facto complainant and his friend were travelling on a motor bike, they were intercepted by the accused persons and accused Nos.1 to 3 attacked them with iron rods. The overt act alleged against the petitioner is that he restrained the de facto complainant and his friend. There is no allegation that he used iron rod. The overt act alleged against the petitioner is not attributable to any grievous hurt caused to the de facto complainant. In these B.A. NO. 1516 OF 2010 :: 2 :: circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 4. 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 ahz/