IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2507 of 2009() ----------------------------- CRIME NO.236/09 OF KODANADU POLICE STATION PETITIONERS ------------------------------- 1. TOMY, AGED 38 YEARS, S/O.PAULOSE, RESIDING AT ARACKAL HOUSE, KOODALAPPADU, KOOVAPPADY P.O., ERNAKULAM DISTRICT. 2. GEORGE, S/O.ANTHONY, AGED 58 YEARS, THEKKEMALI HOUSE, KOODALAPPADU, KOOVAPPADY P.O., ERNAKULAM DISTRICT. 3. SHERIN, S/O.GEORGE, AGED 24 YEARS, THEKKEMALI HOUSE, KOODALAPPADU, KOOVAPPADY P.O., ERNAKULAM DISTRICT. 4. JOHNY, S/O.VARGHESE, AGED 43 YEARS, THEKKEMALI HOUSE, KOODALAPPADU, KOOVAPPADY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, KODANADU POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2507 of 2009 ----------------------------------------- Dated this the 4th June, 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 the accused in Crime No.236/09 of Kodanadu Police Station. 2. The offences alleged against the petitioners are under Sections 323, 427 and 326 read with 34 of the Indian Penal Code. 3. The prosecution case is that the incident happened on 15.4.2009. The wound certificate shows that the de facto complainant was examined by the doctor on the same day. It is stated by the petitioners that the de facto complainant was discharged from the hospital on the same day and that the First Information Statement was given by the de facto complainant on 16.4.2009 at 12.30 PM, on appearance in the police station. It is stated that the parties are relatives. BA.2507/09 2 4. Taking into account the facts and circumstances of the case, the nature of the offences, the injury sustained and other 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 for a period of one month 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 AM and 11 AM 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. BA.2507/09 3 E) On the expiry of the period mentioned above, the petitioners 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 as above. K.T.SANKARAN, JUDGE vgs.