IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 6052 of 2011() ----------------------------- CRIME NO.713/2011 OF KOTTIYAM POLICE STATION KOLLAM DISTRICT PETITIONERS:ACCUSED : -------------------- 1. FASALUDEEN AGED 42 YEARS, S/O.ASSANARU KUNJU, KILITHATTIL HOUSE, VADAKUMKARA KIZHAKKATHIL, THAZHUTHALA VILLAGE, KOLLAM DISTRICT. 2. FAISAL, AGED 20 YEARS, S/O.FASALUDEEN, KILITHATTIL HOUSE, VADAKUMKARA KIZHAKKATHIL, THAZHUTHALA VILLAGE,KOLLAM DISTRICT. 3. ABDULA SALAM, AGED 56 YEARS, KILITHATTIL HOUSE, VADAKUMKARA KIZHAKKATHIL, THAZHUTHALA VILLAGE,KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, ALONG WITH BA NO. 5646 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------------- Bail Appln.Nos.5646 & 6052 of 2011 ----------------------------------------------------- Dated this the 06th day of September, 2011 ORDER These are Bail Applications filed under Section 438 of the Code of Criminal Procedure by the accused persons in two crimes registered by Kottiyam Police. 2. Bail Application No.6052 of 2011 relates to Crime No.713 of 2011. The petitioners are accused Nos.2, 1 and 3 respectively in Crime No.713 of 2011. The offences alleged against the accused are under Sections 143, 147, 148, 294(b), 326, 341 and 451 read with Section 149 of the Indian Penal Code. The date of occurrence was on 20/06/2011 at 10 P.M. As a result of the attack made by the accused persons, the de facto complainant sustained dislocation of the shoulder. 3. Bail Application No.5646 of 2011 relates to Crime No.712 of 2011. The offences alleged against the accused are under Sections 143, 147, 148, 308, 324, 326 and 506 read with Section 149 of the Indian Penal Code. The allegation is that the de facto complainant was attacked by the accused with iron rods. The date of occurrence was on 20/06/2011. Bail Appln.Nos.5646 & 6052 /2011 : 2 : The place of occurrence is also the same as in Crime No.713 of 2011. Accused Nos.1 and 2 in Crime No.713 of 2011 are the injured persons in Crime No.712 of 2011. 4. Both the aforesaid cases arose out of the incident on the same day and at the same place of occurrence. Both sides sustained injuries and grievous hurt. 5. Advocate Sri.Siju Kamalasanan appearing for the petitioners in Bail Application No.6052 of 2011 and Sri.N.Vimalan, the learned Counsel for the petitioners in Bail Application No.5646 of 2011 submitted that in both the cases anticipatory bail may be granted, so that the parties could explore the possibility of settlement. Since both sides sustained injuries, it would be ideal, if they try to settle the disputes, submitted the Counsel. 6. Taking into account the submission made by both the parties, I am inclined to grant anticipatory bail to the petitioners in both the Bail Applications. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) in each case with two solvent sureties each for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appln.Nos.5646 & 6052 /2011 : 3 : A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. These Bail Applications are allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj