IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 5602 of 2011() ----------------------------- Crime No.721 of 2011 of Eravipuram Police Station PETITIONERS/ACCUSED NOS.3 & 4 ------------------------------------------------- 1. ANEESH, AGED 19 YEARS, S/O. ABDUL RAHEEM, VELAIL VEEDU, KUTTICHIRA, TKMC, KALLUMTHAZHAM, KILIKOLLOOR, KOLLAM. 2. SHAIJU, AGED 21 YEARS, S/O. ABDUL LATHEEF, VALAVILA THEKKATHIL, THATTARKONAM, TKMC, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2011, ALONG WITH BA NO. 5505 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- B.A.Nos. 5602 & 5505 OF 2011 -------------------------------------------- Dated this the 24th day of August, 2011 ORDER These Bail Applications are under Section 438 of the Code of Criminal Procedure. Bail Application No.5602 of 2011 is filed by accused Nos.3 and 4 in Crime No.721 of 2011 of Eravipuram Police Station. Bail Application No.5505 of 2011 is filed by accused Nos.5 to 9 in that Crime. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326 and 308 read with 149 of the Indian Penal Code. 3. The prosecution case is that on 27.6.2011 at 9.30 P.M, the accused formed themselves into an unlawful assembly and attacked the defacto complainant and his friends with sword, iron rods and other weapons and the defacto complainant and his friends sustained injuries. The defacto complainant sustained a compound fracture of his B.A.Nos. 5602 & 5505 OF 2011 2 left tibia. 4. It is seen that accused No.3 (first petitioner in B.A.No.5602 of 2011) used iron rod for commission of the offence. Injuries were caused by such an attack. In the facts and circumstances of the case, I am not inclined to grant the discretionary relief under Section 438 of the Code of Criminal Procedure in favour of accused No.3. However, there is no allegation that accused Nos.4 to 9 used any weapon of offence or that the attack made by them resulted in any serious injuries. In the facts and circumstances of the case, I am inclined to allow the prayer for anticipatory bail made by accused Nos.4 to 9 (second petitioner in B.A.No.5602 of 2011 and the petitioners in B.A.No.5505 of 2011). 5. There will be a direction that in the event of the arrest of accused Nos.4 to 9, 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: B.A.Nos. 5602 & 5505 OF 2011 3 A) Accused Nos. 4 to 9 shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday for a period of two months. B) Accused Nos. 4 to 9 shall appear before the investigating officer for interrogation as and when required; C) Accused Nos. 4 to 9 shall not try to influence the prosecution witnesses or tamper with the evidence. D) Accused Nos. 4 to 9 shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. 6. The Bail Application is allowed to the extent indicated above. 7. B.A.No.5602 of 2011 is partly allowed, and the prayer for anticipatory bail made by accused No.4 is granted as above. The said Bail Application, in so far as it relates to accused No.3 is dismissed. Bail Application No.5505 of 2011 is allowed in the manner indicated above. K.T.SANKARAN, JUDGE. cms