IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3634 of 2010() ----------------------------- (CRIME NO.287/2010 OF VATANAPPALLY POLICE STATION) PETITIONER/ACCUSED NO.4 ------------------------------------------- SUDARSANAN, 48 YEARS, S/O. KOCHAPPAN, ITHIKKAT HOUSE,VATANAPPALLY BEACH, VATANAPPALLY VILLAGE, THRISSUR DIST. BY ADV. SRI.N.K.UNNIKRISHNAN SRI.VINOD KUMAR.C RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, VATANAPPALLY POLICE STAION, THRISSUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.I. OF POLICE, VALAPAD, THRISSUR DIST. (CRIME NO. 287/2010 OF VATANAPPALLY POLICE STATION, THRISSUR DISTRICT) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3634 OF 2010 -------------------------------- Dated this the 18th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 302 r/w Section 34 of IPC. According to prosecution, accused numbers one to four in furtherance of their common intention to attack the deceased Vinil, assaulted him by using dangerous weapons and caused serious injuries to him and he succumbed to the injuries, on the way to hospital. The incident happened on 02/05/2010 at about 10:45 P.M. Petitioners are accused numbers one to four. 3. Petitioner is the fourth accused. Learned counsel for petitioner submitted that in the morning of the date of occurrence in this case, the autorickshaw of the second accused was damaged by some workers of B.J.P. He lodged a complaint before the police and a crime was registered as Crime No.283/2010. Infuriated by the complaint made by the second accused, deceased Vinil, who is a leader of B.J.P, who was residing 12 Kms. away from place of occurrence came along with six other persons armed with deadly weapons and assaulted fourth accused, who is brother of second accused. Fracture was caused to both his legs. Injuries were also caused to the face and neck of the fourth accused. He underwent two operations and he is still in the B.A No.3634 OF 2010 2 hospital and not so far arrested in this case. Accused numbers one, two and four are brothers and third accused is first accused's son. Accused numbers one to three rushed to the scene while assaultants escaped. The incident happened in between the house of second and fourth accused. A crime was registered against deceased Vinil and his companions under Section 143, 147, 148, 447, 326, 307 r/w 149 of IPC. Petitioner is not in a position to move about and his condition is very bad. In such circumstances anticipatory bail may be granted, it is submitted. 4. On hearing both sides and on considering the various aspects in the light of various documents produced, the physical condition of fourth accused, medical certificates etc., I am satisfied that it is only just and proper to grant anticipatory bail to petitioner. Hence the following order is passed. (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: B.A No.3634 OF 2010 3 (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. (iii) In case the petitioner is involved in any similar case, his bail is liable to be cancelled. (iv) Condition No.(i) will apply only after he is able to move about as per the report of Medical Officer. Petition is allowed. K.HEMA JUDGE vdv