IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3328 of 2011() ---------------------------------- (CRIME NO.320/2011 OF VALAPPAD POLICE STATION, THRISSUR DISTRICT) ....... PETITIONERS/ACCUSED 1 TO 4 ------------------------------------- 1. ANANDAN, S/O.SANKARAN, PUTHUVEETTIL HOUSE, PANACHICHODE DESOM, KAZHIMBRAM, THRISSUR DISTRICT. 2. HANIL @ RARI, S/O.HARIDAS, MUNDAPPILLY HOUSE, PANACHICHODE DESOM, KAZHIMBRAM, THRISSUR DISTRICT. 3. SOGIL, S/O.PURUSHOTHAMAN, KALATHEDATH HOUSE, PANACHICHODE DESOM, KAZHIMBRAM, THRISSUR DISTRICT. 4. SOSHIL, S/O.PURUSHOTHAMAN, KALATHEDATH HOUSE, PANACHICHODE DESOM, KAZHIMBRAM, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT -------------------------------------- THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLI PROSECUTOR SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING COCME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No.3328 OF 2011 --------------------------------------- Dated this the 13th day of May, 2011 ORDER Petitioners are accused Nos.1 to 4 in Crime No.320/2011 of Vlappad Police Station. It was registered under Sections 341, 326 read with 34 of Indian Penal Code. This application is for pre-arrest bail. 2. It is stated that the petitioners attacked the defacto complainant with iron rod when he fallen down and thereby he sustained fracture on his right hand. 3. The learned counsel for the petitioners submits that there is a counter case as Crime No.329/2011 in which the defacto complainant suffered serious injuries. 4. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. 5. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioners will appear before the investigating B.A.No.3328/11 2 officer on 20.5.2011 or 21.5.2011. The investigating officer after interrogation will produce the accused before the Magistrate. The learned Magistrate, considering the bail application filed by the petitioners will pass appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iii. The accused and the sureties shall not leave the jurisdiction of that Court without the prior B.A.No.3328/11 3 permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE acd B.A.No.3328/11 4 B.A.No.3328/11 5