IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6579 of 2011() ----------------------------- CRIME NO. 353/2011 OF OACHIRA POLICE STATION KOLLAM DISTRICT PETITIONER:ACCUSED -------------------- REJIKUMAR, PERUMPELATHU THARAYIL, ADINADU VADAKKU, K.S.PURAM P.O.,KRAUNAGAPPALLY BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: --------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2. SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6579 of 2011 ---------------------------------------------- Dated this the 02nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.353 of 2011 of Oachira Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 24/08/2011, the following order was passed: “3. The prosecution case is that on 13/03/2011 at about 9.45 P.M., the accused persons attacked the de facto complainant with sword and stick. Due to the attack by accused No.1 with the sword, the de facto complainant sustained incised wounds on his scalp. As regards accused No.3, there is no allegation that he used any sword or that any incised wound is caused or other injury is caused by his act. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering Bail Appln.No.6579/2011 : 2 : the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 27/08/2011 and 28/08/2011. 5. Post on 02/09/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.353 of 2011 of Oachira Police Station, till 04/09/2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 24/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 24/08/2011 has been complied with by the petitioner, 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 on his executing bond for `10,000/- (Rupees Ten thousand Bail Appln.No.6579/2011 : 3 : only) 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 every Monday for a period of three months or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; 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) 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 skj