IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 2725 of 2009() ----------------------------------------- CRIME NO.204/2009 OF KILIMANOOR POLICE STATION. PETITIONERS/ACCUSED: --------------------------------------- 1. SURESH, S/O.PONNAYYAN NADAR, AGED 42 YEARS, THAZHATHU VEEDU, KARIVALLIYODU KARA, KARATTE, PULIMATH VILLAGE, CHIRAYINKEEZH TALUK. 2. ANIL KUMAR, S/O.PONNAYYAN NADAR, AGED 40 YEARS, THAZHATHU VEEDU, KARIVALLIYODU KARA, KARATTE, PULIMATH VILLAGE, CHIRAYINKEEZH TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.204 OF 2009 OF KILIMANOOR POLICE STATION). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2725 of 2009 ------------------------------------ Dated this the 17th day of July, 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 Nos.1 and 2 in Crime No.204/2009 of Kilimanoor Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 324 and 326 read with Section 34 of the Indian Penal Code. 3. The petitioners are brothers of the defacto complainant. The incident allegedly occurred on 11/04/2009. It is submitted by the learned counsel for the petitioners that the defacto complainant had filed two civil suits, in which his father and the petitioners are parties. The defacto complainant was not satisfied with the extent of property given to him by his father. The counsel appearing for the petitioners submits that father of the defacto complaint was attacked by him resulting in injuries. At that time, a scuffle ensued. The father had filed a petition before the police narrating the incident. It is also alleged in the Bail Application that to the knowledge of the petitioners, the B.A. No. 2725/ 2009 Page numbers defacto complainant has not sustained any fracture. He managed to put plaster on his hand and F.I. statement was given thereafter. Later, plaster was removed. 4. The learned Public Prosecutor submitted that the treatment certificate would disclose that no fracture was caused to the defacto complainant. 5. Taking into account the facts and circumstances of the case, the nature of the offence, 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 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 appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 2725/ 2009 Page numbers C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. K.T. SANKARAN, JUDGE scm