IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3666 of 2009() -------------------------------------------- CRIME NO.378/2009 OF EZHUKONE POLICE STATION PETITIONERS/ACCUSED: ------------------------------------------- 1. BAIJU.S BIJU BHAVANAM, EZHIKONE PO ERNAKULAM DIST. 2. GIRISH KUMAR AGED 26 YEARS, S/O.ARAVINDHAN PILLAI GIRIJALAYAM, KAKKAKOTTOOR, AMPALATHUMKALA PO EZHUKODE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE EZHUKONE POLICE STATION, KOLLAM DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3666 of 2009 ------------------------------------ Dated this the 9th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners apprehend that they will be arrested in connection with Crime No.378/2009 of Ezhukone Police Station, on an allegation of having committed non bailable offence. 2. Crime No.378/2009 was registered under Sections 332 and 427 of the Indian Penal Code. At present, the petitioners are not made accused in that case. 3. I have gone through the case diary. The allegation is that the defacto complainant, driver of a K.S.R.T.C Bus, who was taking rest in a building belonging to S.N.D.P Yogam was attacked by few persons. 4. 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 B.A. No.3666 / 2009 Page numbers police station shall release them on bail 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) 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 scm