IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2476 of 2009 CRIME NO.143 OF 2009 OF AREACODE POLICE STATION PETITIONER/ACCUSED -------------------------------------- O.J.SAJI, AGED 39, S/O.O.K.JOSEPH, OUSEPH PARAMBIL, P.O.THOTTUMUKKOM, VIA. AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SMT.C.P.SHAIJA RESPONDENT: COMPLAINANT -------------------------- STATE, REP. BY S.I. OF POLICE, AREACODE POLICE STATION, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2476 OF 2009 ------------------------------------------------------ Dated this the 27th 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.143 of 2009 of the Areacode Police Station. 2. The offence alleged against the petitioner is under Sections 323, 324 and 326 of the Indian Penal Code. 3. Learned counsel for the petitioner pointed out that the petitioner is the de facto complainant in Crime No.147 of 2009 of Areacode Police Station, in which, the de facto complainants in the present case are the accused persons. B.A.No.2662 of 2009 filed by the accused in Crime No.147 of 2009 for anticipatory bail was allowed by the order dated 27.5.2009. It is pointed out that the petitioner and the accused persons were working in a society and there was some dispute between them. 4. 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. B.A. NO. 2476 OF 2009 :: 2 :: 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.25,000/- 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; 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 ahz/