IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3664 of 2009() ----------------------------- CRIME NO.1037/2009 OF NJARAKKAL POLICE STATION PETITIONERS/ACCUSED. ---------------------------------------- 1. DILEEP KUMAR, S/O.RAMANKUTTY, AGED 46 YEARS, EDAKKATU HOUSE, EDAVANACAUD. 2. RADHAKRISHNAN, AGED 44 YEARS, S/O.RAMANKUTTY,THALAPPALLI HOUSE, EDAVANACAUD. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.1037 OF 2009 OF NJARAKKAL POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------- B.A.No.3664 of 2009 -------------------------- Dated this the 7th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.1037 of 2009 of Njarakkal Police Station. It is submitted that the first accused was subsequently arrested and therefore, this Bail Application has become infructuous in so far as it relates to the first petitioner. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 of the Indian Penal Code. 3. Learned public prosecutor submitted that the other accused persons in this case were arrested. 4. It is submitted by the learned counsel for the petitioner that in respect of the same incident, Crime No.1040 of 2009 was registered in which defacto complainant is the first accused. 5. I have gone through the case diary. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other BA No.3664/2009 2 circumstances, I am of the view that anticipatory bail can be granted to the second petitioner. There will be a direction that in the event of the arrest of the second 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 second 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 second petitioner shall appear before the investigating officer for interrogation as and when required; c) The second petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The second petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above or even before that period, the second 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 csl