IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4254 of 2009 CRIME NO.182 OF 2009 OF PERUNADU POLICE STATION CRMP.877/2009 of DISTRICT COURT, PATHANAMTHITTA PETITIONER/ACCUSED -------------------------------------- SAJI, AGED 38 YEARS, S/O. DAMODARAN, PARACKATTU HOUSE, ATHIKKAYAM, PERUNADU VILLAGE, RANNY TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4254 OF 2009 ------------------------------------------------------ Dated this the 12th August, 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.182 of 2009 of Perunadu Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. I have perused the case diary. The incident happened on a day where there was a general strike called by some of the political parties. According to the petitioner, he took his vehicle on road on that day. He was taking a patient to the hospital. According to the petitioner, his vehicle was obstructed by the de facto complainant and others. A case was registered as Crime No.180 of 2009 at the instances of the de facto complainant and others, though actually the aggrieved was the petitioner. It is also alleged by the petitioner that the present case is also foisted against him. For the purpose of disposal of this Bail Application, it is not necessary to decide all these disputed questions of fact. B.A. NO. 4254 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 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 alternate 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) 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/