IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 1515 of 2009() ---------------------------------------- CRIME NO.682/2008 OF MAVELIKKARA POLICE STATION PETITIONER/ACCUSED: --------------------------------- ABEY THOMAS, AGED 23 YEARS RESIDING AT ABEY VILLA, KALLIMEL PO, MAVELIKKARA P.O. 690 570. BY ADV. SRI.SHAIJAN C.GEORGE SMT.M.MADHUBEN SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA BY SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUAMR, PUBLIC PROSECUTOR SRI.R.PADMAKUMAR FOR ADDL.R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1515 of 2009 ------------------------------------ Dated this the 29th day of May, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioner is the accused in Crime No.682/2008 of Mavelikkara Police Station. 2. The offence alleged against the petitioner is under sections 323, 324 and 326 of the Indian Penal Code. 3. The prosecution case as revealed from the F.I statement is that on 25/12/2008 the defacto complainant was hit on his face by the petitioner and that the former sustained injuries. It is stated in the F.I statement that he was admitted in the Government hospital and that no intimation was sent to the police. It would appear that the defacto complainant was referred to Medical College Hospital and he was treated as an outpatient in the Medical College Hospital on 30/12/2008. The matter to the police only on 29/12/2008 and F.I.R was registered on that date. Later, a complaint was made before the court, in which the complainant alleges that he was attacked by the petitioner on 25/12/2008 with “ Idikkata” and B.A. No.1515/2009 2 the 4th accused attacked with an iron rod. In the FIR, the allegation is made only against the petitioner. There is no allegation against any other persons. In the private complaint, four persons were shown as accused. In the facts and circumstances of the case mentioned above, the apprehension of the petitioner that he would be arrested and harassed, appears to be just and reasonable. 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 petitioner. 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 for a period of one month on his executing bond for Rs.50,000/- 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 all 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; B.A. No.1515/2009 3 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) On the expiry of the period mentioned above, the petitioner 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 scm