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. 2174 of 2009() ----------------------------- CRIME NO.48/09 OF POOVAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- YESUKUNJU, S/O. YAGAPPAN, AGED 48 YEARS, IRIKKALUVILA, THIRUPURAM VILLAGE, POOVAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESNETED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2174 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.48/09 of Poovar Police Station. 2. The offences alleged against the petitioner are under Sections 447, 323, 294B, 506(2) and 308 of the Indian Penal Code. 3. Learned counsel for petitioner submitted that the incident is alleged to have occurred on 11.3.2009, but the FIR was registered only on 15.3.2009. The de facto complainant was not admitted in the hospital. Learned counsel also submitted that there is nothing to indicate that the de facto complainant has sustained any injury. He further stated that the case is foisted against the petitioner and Section 308 IPC is included only to see that bail is not granted. BA.2174/09 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 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 AM and 11 AM 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. BA.2174/09 3 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 as above. K.T.SANKARAN, JUDGE vgs.