IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 7978 of 2011() ----------------------------- CRIME NO.282 OF 2011 OF THOTTILPALAM POLICE STATION .................... PETITIONERS/ACCUSED NO.1-3 ---------------------------------- 1. BIJESH K,AGED 24 YEARRS,S/O.RAJAN, KALLUMMALL (HOUSE),KARINGAD P.O, KAVILUMPARA VILLAGE, KOZHIKODE. 2. SHAIJITH M.K,AGED 25 YEARS, S/O.HAREENDRAN,MANNANKANDY MEETHAL HOUSE, KARINGAD P.O, KAVILUMPARA VILLAGE, KOZHIKODE. 3. PRIYESH E.K,AGED 21 YEARS, S/O.KRISHNAN,ECHILKANDY, KARINGAD P.O, KAVILUMPARA VILLAGE, KOZHIKODE. BY ADV. SRI.NIRMAL. S SMT.VEENA HARI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM COCHIN 682 031, BY S.I OF POLICE, THOTTILPALAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 7978 OF 2011 --------------------------------- Dated this the 3rd day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 3, 2 and 1 respectively in Crime No.282 of 2011 of Thottilpalam Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 326 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 13th October, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 4. The defacto complainant sustained fracture of his clavicle. Going by the B.A.No. 7978 OF 2011 2 allegations, the fracture is attributable to the attack made by petitioner No.2/accused No.2 5. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to petitioner No.2/accused No.2. However, in the facts and circumstances of the case, I am of the view that before considering the question of granting anticipatory bail, petitioners 1 and 3/accused Nos.3 and 1 should be directed to appear before the investigating officer. Accordingly, there will be a direction to petitioners 1 and 3/accused Nos.3 and 1 to appear before the investigating officer on 18th and 19th October, 2011. 6. Post on 24th October, 2011. 7. It is submitted by the learned Public Prosecutor that petitioners 1 and 3/accused Nos.3 and 1 will not be arrested in connection with Crime No.282 of 2011 of Thottilpalam Police Station, till 28th October, 2011. 8. Petitioners 1 and 3/accused Nos.3 and 1 shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. Petitioners 1 and 3/accused Nos.3 and 1 shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 13th October, 2011 has been complied with by petitioners 1 and 3. 5. Taking into account the facts and circumstances of B.A.No. 7978 OF 2011 3 the case, the nature of the offence and also taking note of the fact that the direction in the order dated 13th October, 2011 has been complied with by petitioners 1 and 3, I am of the view that anticipatory bail can be granted to petitioners 1 and 3. There will be a direction that in the event of the arrest of petitioners 1 and 3, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1 and 3 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) Petitioners 1 and 3 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1 and 3 shall not try to influence the prosecution witnesses or tamper with the evidence. d) Petitioners 1 and 3 shall not commit any offence or indulge in any prejudicial activity while on bail. e) Petitioners 1 and 3 shall cooperate with the investigating officer in the matter of investigation. B.A.No. 7978 OF 2011 4 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 to the extent indicated above, in so far it relates to petitioners 1 and 3 and it is dismissed in so far as it relates to the 2nd petitioner. K.T.SANKARAN, JUDGE. cms