IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7524 of 2011() ----------------------------- CRIME NO.319/2011 OF POTHANICAD POLICE STATION PETITIONER/2ND ACCUSED : --------------------------------- SREEKUMAR, AGED 25 YEARS,S/O SHAJI, RESIDING AT CHANDAKUNNEL HOUSE, KADAVOOR VILLAGE, PAINGOTTUR, POTHANICAD, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND DE FACTO COMPLAINANT: ---------------------------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,POTHANICAD POLICE STATION (INVESTIGATING OFFICER IN CRIME NO.319/2011),REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD,ERNAKULAM, COCHIN-682031. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7524 of 2011 --------------------------- Dated this the 13th day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.319 of 2011 of Pothanicad Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 323, 324, 427 and 326 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 26.9.2011, the following order was passed : “3. The allegation is that on 7.8.2011 at 10.15 P.M., accused Nos.1 to 3 attacked the de facto complainant, who sustained serious injuries. The allegation is that accused No.1 attacked the de facto complainant with an iron BA 7524/11 2 pipe which resulted in the fracture injury caused to the de facto complainant. The allegation against accused Nos.2 and 3 is that they beat and kicked the de facto complainant. No serious injuries are attributable to the criminal acts allegedly committed by accused Nos.2 and 3. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 3rd and 4th October, 2011. 5. Post on 11th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.319 of 2011 of Pothanicad Police Station, till 15th October, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. BA 7524/11 3 The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 26.9.2011 has been complied with by the petitioner. 5. 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 26.9.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner 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; BA 7524/11 4 B) The petitioner shall appear before the investigating officer for interrogation as and when required ; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner 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. K.T.SANKARAN JUDGE csl