IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 6863 of 2011() ----------------------------- CRIME NO.302/2011 OF YEROOR POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2 ----------------------------------- 1. BIJU, AGED 33 YEARS, S/O. SASI, BIJU VILASOM, ELAVARAMKUZHY, VILAKKUPARA P.O., AYIRANALLOOR VILLAGE, KOLLAM DISTRICT. 2. SAJEEV, AGED 28 YEARS, S/O.SASI BIJU VILASOM, ELAVARAMKUZHY, VILAKKUPARA P.O., AYIRANALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 2. SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, KOLLAM DISTRICT, PIN-691 312. PUBLIC PROSECUOTR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6863 of 2011 --------------------------- Dated this the 15th day of November, 2011 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.302 of 2011 of Yeroor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 447, 294(b) and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 2.5.2011 at 8.30 P.M., the accused persons, who are the neighbours of the de facto complainant, entered into the courtyard of the house of the de facto complainant and started abusing her. The first accused pelted a stone against the de facto complainant and the second accused pushed her. As a result of the pelting of stone, she sustained grievous hurt. Originally, the offence BA 6863/11 2 under Section 326 of the Indian Penal Code was not included, but on finding that grievous hurt was caused to the de facto complainant, Section 326 IPC was added. 4. The overt act resulting in grievous hurt caused to the de facto complainant is attributable to the acts of the first accused. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to accused No.1. If anticipatory bail is granted to accused No.1, it would adversely affect the proper and smooth investigation of the case. 5. However, in the facts and circumstances of the case, I am inclined to grant anticipatory bail to the second petitioner (second accused). There will be a direction that in the event of arrest of the second petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA 6863/11 3 A) The second petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is dismissed in so far as it relates to the first petitioner (accused No.1) and it is allowed in the manner indicated above in so far as it relates to the second petitioner (accused No.2). K.T.SANKARAN JUDGE csl