IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2552 of 2009() ----------------------------- CRIME NO.229/09 OF VAZHAKKULAM POLICE STATION PETITIONERS -------------------- 1. MANOHARN.P.N, AGED 28, S/O. NARAYANAN, PUNNURUTHAM KUDIYIL, VAZHAKULAM.P.O, VAZHAKKULAM. 2. SIJO GEORGE, AGED 26, S/O. GEORGE, PUTHEPURACKAL HOUSE, VAZHAKULAM.P.O, VAZHAKULAM. 3. SONY SUNNY, AGED 26, S/O. SUNNY, PUTHENPURACKAL HOUSE, VAZHAKULAM.P.O, VAZHAKULAM. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VAZHAKULAM POLICE STATION, VAZHAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2552 of 2009 ----------------------------------------- Dated this the 27th May, 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 3, 4 and 5 in Crime No.229/09 of Vazhakkulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 341, 323, 308 read with 149 of the Indian Penal Code. 3. The learned counsel for petitioners submitted that the date of occurrence of the alleged incident was on 15.4.2009, but the FIR was registered only on 17.4.2009. The injuries are only minor injuries. 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 BA.2552/09 2 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 petitioner 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. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. BA.2552/09 3 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.