IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Bail Appl..No. 1650 of 2009() ----------------------- CRIME NO. 148 OF 2009 OF WADAKKANCHERRY POLICE STATION, THRISSUR PETITIONERS/ACCUSED ------------------ 1. E.GANGADHARAN NAIR,KIZHAKOOT HOUSE, PARLIKKAD P.O.,WADAKKANCHERY, TALAPPILLY TALUK. 2. U.BALAKRISHNAN NAIR,S/O.BALAKRISHNAN, RESIDING AT URUMPATH VEEDU,P.O. PANGARAPILLY,CHELAKKARA, TALAPPILLY TALUK,THRISSUR DISTRICT. BY ADV. SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I.OF WADAKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................... B.A. No. 1650 of 2009 .................................. Dated: 1-4-2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused in Crime No. 148 of 2009 of Wadakkancherry Police Station, Thrissur for offences punishable under Sections 406 and 420 read with Sec. 34 I.P.C. seek anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that the first petitioner has already been granted anticipatory bail by this Court. If so, the claim for anticipatory bail by the first petitioner is misconceived and is rejected. 3. Having regard to the nature of the allegations levelled against the 2nd petitioner, the relative conduct of the parties, the nature of the legal injury sustained and the other circumstances of the case, I am inclined to grant anticipatory bail to the 2nd petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the 2nd petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: Bail A.No. 1650 of 2009 -:2:- 1. The second petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The second petitioner shall not commit any offence while on bail. 5. On the expiry of the aforesaid period, the second petitioner shall surrender before the Magistrate concerned and seek regular bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 1st day of April 2009. V.RAMKUMAR, JUDGE. ani.