IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3430 of 2009() ----------------------------- CRIME NO. 120/2009 OF PAZHAYANGADI POLICE STATION PETITIONERS/ACCUSED: ------------------------------------- 1. P.RATHEESH, S/O.CHIRAYIL RAGAVAN, AGED 30 YEARS, CHIRAYIL HOUSE, EZHILODE P.O. 2. CHALIL RAMACHANDRAN, S/O.KUNHIRAMAN, AGED 53 YEARS, KUNHIMANGALAM AMSOM, P.O.EDAT, TALIPARAMBA TALUK. BY ADV. SRI. P.M. HABEEB RESPONDENT: -------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PAHZYANGADI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI .M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------- B.A. No. 3430 of 2009 ----------------------------------- Dated this the 10th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 4 in Crime No.120 of 2009 of Pazhayangadi Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 323, 324, 341, 447 and 326 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the incident occurred on 13.5.2009 at 10 PM, in which the de facto complainant Nidhish and his friend Khalid sustained injuries. The wound certificate discloses that Khalid sustained grievous injury. 4. Learned counsel for the petitioners pointed out that Crime No.119 of 2009 was registered on 13.5.2009 at 7.30 PM. The defacto complainant in that case is one Savithri, who is the paternal aunt of Nidhish. It has come out from the records that there is civil dispute between the parties in respect of the B.A. NO. 3430 / 2009 Page numbers ancestral property. The offences alleged in Crime No.119 of 2009 are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 5. Taking into account the facts and circumstances of the case, the existence of a counter case, the relationship between the parties, pendency of the civil disputes and all other related circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will 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 on their executing bond for Rs.25,000/- each 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 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; B.A. NO. 3430 / 2009 Page numbers 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 scm