IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4272 of 2009() ------------------------------------- CRIME NO. 334/2009 OF BALARAMAPURAM POLICE STATION, THIRUVANATHAPURAM. .......................... PETITIONERS/ACCUSED: ------------------------------------ 1. KANNAN.S, AGED 18 YEARS, S/O. R.USHA, KULATHINKARA, EDAIKONAM, THEMPAMUTTAM, BALARAMAPURAM P.O. NEYYATTINKARA, THIRUVANANTHAPURAM. 2. MANOJ, AGED 19 YEARS, S/O. SAHADEVAN, PANDARAVILA THADATHARIKATHU VEEDU, KARATHALA RUSSELPURAM P.O., NEYYATTINKARA,THIRUVANANTHAPURAM. 3. RAJESH V., AGED 19 YEARS, S/O. VIJAYAN, KARATHALA KUZHIVILAKATHIL VEEDU, THEMPAMUTTAM, RUSSELPURAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 4. SAKTHI JAGAN M. @ SAKTHI AGED 19 YEARS, S/O. MANIYAN, ETHIKARAVILA VEEDU, THEMPAMUTTAM, BALARAMAPURAM P.O. NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI. N.P. PRAJEESH & SRI. V. ANIRUDHAN NAIR RESPONDENT/STATE: ------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.334/2009 OF BALARAMAPURAM POLICE STATION) BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4272 of 2009 ------------------------------------ Dated this the 12th day of August, 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 to 4 in Crime No.334/2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 427 and 452 read with Section 34 of the Indian Penal Code. 3. I have perused the Case Diary. The injuries noted are only minor injuries. 4. 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 B.A. No. 4272 of 2009 2 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) 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 ln