IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 302 of 2010 CRIME NO.38 OF 2010 OF PARAVOOR POLICE STATION, KOLLAM PETITIONERS/ACCUSED-A1 & 2 ---------------------------------------------- 1. LAL MOHAN, S/O.MOHANAN, LAL NIVAS, THAZHAM SOUTH CHERI, MEENADU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 2. ANILKUMAR, S/O.VASUDEVAN, AGED 35 YEARS, MANAMELVEEDU, THAZHAM SOUTH CHERI,MEENADU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 302 OF 2010 ------------------------------------------------------ Dated this the 4th day of March, 2010 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 2 in Crime No.38 of 2010 of Paravoor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 341, 323, 324, 447 and 326 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that there is no material to indicate that offence under Section 326 was committed. I have perused the case diary. The wound certificate does not show that any injury attracting Section 326 was committed. It is submitted by the learned Public Prosecutor that the discharge certificate is not received so far. 4. Taking into account the peculiar facts and circumstances of B.A. NO. 302 OF 2010 :: 2 :: the case as revealed from the case diary, I am of the view that anticipatory bail can be granted to the petitioners. 5. 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.15,000/- 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/