IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 5112 of 2009 CRIME NO.475 OF 2009 OF ALAPPUZHA NORTH POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. ANUKUTTAN, AGED 27 YEARS, S/O.LAWRANCE, POONTHURASSERIL HOUSE, MANGALAM WEST, THUMPOLI P.O., ALAPPUZHA DISTRICT. 2. JOMY JOSE, AGED 28 YEARS, S/O.P.D.JOSEPH, PALIYATHAYYIL HOUSE, MANGALAM WEST, THUMPOLI P.O., ALAPPUZHA DISTRICT. 3. ANIL, AGED 24 YEARS, S/O.C.M.ANTONY, PALLIPARAMBU HOUSE, KANJIRAMCHIRA P.O., ALAPPUZHA DISTRICT. 4. CYRIL THACHAN, AGED 26 YEARS, S/O.ESTHAPPAN, PALLIPARAMBU HOUSE, MANGALAM WEST, THUMPOLI P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL RESPONDENT: --------------- THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5112 OF 2009 ------------------------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.475 of 2009 of Alappuzha North Police Station. 2. The offences alleged against the petitioners are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 9.8.2009, while the de facto complainant came out of Pankaj Theatre, Alapuzha after the second show, he was attacked by the accused persons with sword sticks and iron pipes, etc. The de facto complainant sustained severe injuries. 4. Learned counsel for the petitioners submitted that the application for anticipatory bail is not pressed in so far as it relates to petitioners 1 and 2, who are respectively accused Nos.1 and 2. Therefore, the Bail Application is dismissed as not pressed in B.A. NO. 5112 OF 2009 :: 2 :: respect of accused Nos.1 and 2 (petitioners 1 and 2). 5. As regards accused Nos.3 and 4, it is pointed out that going by the averments in the First Information Statement, no injury was inflicted by them either on the head or on the upper part of the body. The allegation is that they had beaten the de facto complainant with iron pipes on the legs of the de facto complainant. It is also submitted that petitioners 3 and 4 are not involved in any other offence. The counsel for the petitioners submitted that the de facto complainant is a notorious criminal of that locality and he is known as 'Keeri Shaji' in the area. 6. 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 petitioners 3 and 4. There will be a direction that in the event of the arrest of petitioners 3 and 4, 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: B.A. NO. 5112 OF 2009 :: 3 :: a) Petitioners 3 and 4 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 3 and 4 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 3 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 3 and 4 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. The Bail Application is allowed to the extent indicated above in so far as petitioners 3 and 4 are concerned and is dismissed as not pressed in so far as petitioners 1 and 2 are concerned. (K.T.SANKARAN) Judge ahz/