IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8016 of 2011() ----------------------------- CRIME NO.1149/2011 OF THIRUVALLA POLICE STATION PETITIONER(S): ACCUSED NO.2 -------------------------------- JOMI,AGED 24 YEARS,S/O.P.C.CHACKO, CHALU VELIL PADINJAREVEEDU,VEMBALA, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.A.G.ADITYA SHENOY SRI.K.R.ARUN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8016 of 2011 --------------------------- Dated this the 24th day of October, 2011 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.2 in Crime No.1149 of 2011 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 323, 326 and 294(b) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 14.8.2011, the accused attacked the de facto complainant when the de facto complainant tried to prevent the accused persons from beating one Mathew. It is alleged that the first accused assaulted the de facto complainant with a brick resulting in fracture of his left hand. The learned counsel for the petitioner submitted that the overt acts alleged against the petitioner do not relate to BA 8016/11 2 the fracture sustained by the de facto complainant. 4. When the Bail Application came up for admission on 12.10.2011, the following order was passed : “4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18.10.2011 and 19.10.2011. 5. Post on 24.10.2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1149 of 2011 of Thiruvalla Police Station, till 27.10.2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” BA 8016/11 3 5. It is submitted by the learned counsel for the petitioner that the direction in the order dated 12.10.2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12.10.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- 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 ; BA 8016/11 4 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