IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 6614 of 2011(B) ----------------------------- CRIME No.727/2011 OF CHENGANNUR POLICE STATION. PETITIONERS/ACCUSED A1-A4 --------------------------------------------- 1. RAJESH,AGED 28 YEARS,S/O.RAJU, ANATHATTU VEEDU,PUMALA MURI,ANGADIKATHEKKU, CHENGANNUR TALUK,ALAPPUZHA DISTRICT. 2. MADHU,AGED 34 YEARS,S/O.RAJAPPAN, ANATHATTU VEEDU,PUMALA MURI,ANGADIKATHEKKU, CHENGANNUR TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6614 OF 2011 --------------------------------- Dated this the 6th day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 1 in Crime No.727 of 2011 of Chengannur Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 308, 323 and 324 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 23rd August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The injuries sustained by the defacto complainant are not very serious in nature. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before B.A.No.6614 OF 2011 2 considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 26th and 27th August, 2011. 5. Post on 2nd September, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.727 of 2011 of Chengannur Police Station, till 5th September, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. On 2.9.2011, the following order was passed: “The learned P.P. submitted that though the petitioners appeared before the investigating officer, they did not cooperate. In these circumstances, the petitioners are directed to appear before the investigating officer on 5th September, 2011 and to cooperate with the investigating officer in the matter of investigation. Post on 6th September, 2011.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the B.A.No.6614 OF 2011 3 direction in the order dated 2nd September, 2011 has been complied with by the petitioners. 3. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 2nd September, 2011 has been complied with by the petitioners, 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 `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) 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. c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. d) The petitioners shall cooperate with the investigating officer in the matter of B.A.No.6614 OF 2011 4 investigation. e) 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. cms