IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7082 of 2011() ----------------------------- CRIME NO.550/2011 OF YERROOR POLICE STATION, YERROOR PETITIONERS/ACCUSED NO.1 TO 4 ---------------------------------------- 1. ANOOP,AGED 24,S/O.CHANDRASEKHARA PILLAI, ANOOP BHAVAN,AYILARA.P.O,AYIRANELLOOR VILLAGE, PATHANAPURAM TALUK,KOLLAM DISTRICT. 2. ARUN,AGED 22 YEARS,S/O.CHANDRASEKHARA PILLAI, -DO- -DO- 3. VISHNU,AGED 22 YEARS,S/O.RAJASEKHARA PILLAI,MANUVILASOM,AYILARA.P.O,AYIRANELLOOR VILLAGE,PATHANAPURAM TALUK,KOLLAM DISTRICT. 4. PRASANTH,AGED 23 YEARS,S/O.SOMASEKHARA PILLAI,PRASANTH BHAVANAM,AYILARA.P.O, ARYIRANELLOOR VILLAGE,PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,YERROOR,PUNALUR(CRIME NO.550/ 2011),KOLLAM DISTRICT,REP.BY PUBLIC PROSECUTOR, HIGHH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No. 7082 OF 2011 --------------------------------- Dated this the 27th day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 4 in Crime No.550 of 2011 of Yerroor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 452, 324 and 341 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 14.8.2011 at 9.30 P.M, the accused persons trespassed into the house of the defacto complainant and attacked him with a sword, which resulted in four cut injuries on the body of the defacto complainant. It is also alleged that the accused attacked the father of the defacto complainant. B.A. No. 7082 OF 2011 2 4. Going by the allegations, sword was used by accused No.1. The overt acts alleged against accused Nos. 2 to 4 did not result in any serious injury on the defacto complainant or his father. 5. Taking into account the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the first accused. If anticipatory bail is granted to the first accused, it would adversely affect the proper and smooth investigation of the case. However, the case against accused Nos. 2 to 4 stand on a different footing. I am of the view that before considering the question of granting bail to accused Nos.2 to 4, accused Nos.2 to 4 should be directed to appear before the investigating officer. Accordingly, there will be a direction to accused Nos.2 to 4 to appear before the investigating officer on 3rd and 4th October, 2011. 6. Post on 11th August, 2011. 7. It is submitted by the learned Public Prosecutor that accused Nos.2 to 4 will not be arrested in connection with B.A. No. 7082 OF 2011 3 Crime No. 550 of 2011 of Yerroor Police Station, till 15th October, 2011. 8. Accused Nos.2 to 4 shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. Accused Nos.2 to 4 shall produce a copy of this order before the investigating officer. K.T.SANKARAN, JUDGE. cms