IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5346 of 2011() ----------------------------- CRIME NO.404/2011 OF YEROOR POLICE STATION KOLLAM DISTRICT PETITIONERS/ACCUSED NO.1,3 & 4 ---------------------------------- 1. SHAIJU, AGED 26, S/O.GOPALAN, KRISHNAVILASOM HOUSE, NEAR MATHA H.S., ILAVARAM KUZHU, VILAKKUPPARA,AYIRANELLOOR VILLAGE. 2. SAJEEV, AGED 27, S/O.SASI, BIJU VILASOM, NEAR MATHA H.S., ILAVARAM KUZHU, VILAKKUPPARA,AYIRANELLOOR VILLAGE. 3. RENJITH, AGED 20, S/O.RAJU, RENJITH VILASOM, NEAR MATHA H.S., ILAVARAM KUZHU, VILAKKUPPARA,AYIRANELLOOR VILLAGE. BY ADV. SRI.R.ARUN RAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, YERROOR POLICE STATION, YERROOR, PUNALUR (CRIME NO.404/2011), KOLLAM DISTRICT. REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5346 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3 and 4 in Crime No.404 of 2011 of Yerroor Police Station, Punalur, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 294(b), 452, 323 and 324 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 18.6.2011, the accused persons criminally trespassed into the house of the de facto complainant and attacked him with dangerous weapon like iron pipe. The de facto complainant sustained injuries. The learned counsel for the petitioners submitted that the de facto complainant is a known goonda and he had undergone detention under the Kerala Anti-Social Activities Prevention Act. It is also pointed out that the overt act of attack with iron pipe is attributable to the second accused. Accused Nos.2 and 5 were arrested and they were remanded. Bail Appln.No.5346/2011 : 2 : 4. When the Bail Application came up for admission on 11/07/2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 18th July, 2011. 5. Post on 21st July, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.404 of 2011 of Yerroor Police Station, Punalur, Kollam District, until further orders”. 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 11/07/2011 has been complied with by the petitioners. 6. 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 11/07/2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will Bail Appln.No.5346/2011 : 3 : 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 for a period of two months on their executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. e) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. Bail Appln.No.5346/2011 : 4 : 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 skj