IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6333 of 2011() ----------------------------- CRIME NO.288/2011 OF KANNUR CITY POLICE STATION .................... PETITIONER(S): 2ND ACCUSED: -------------------------------- VINEETH A., S/O.K.P.ASHOKAN, AGED 23 YEARS, STUDENT, RESIDING AT PAMBAN SWAMY IIIAM, ELAYAVOOR AMSOM, EDA CHOVVA DESOM, P.O.CHOVVA, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6333 of 2011 --------------------------- Dated this the 16th day of August, 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.288 of 2011 of Kannur City Police Station. 2. The offences alleged against the petitioner are under Sections 448, 341, 323 and 326 read with Section 34 of the Indian Penal Code. 3. The de facto complainant sustained fracture of his left leg. The fracture was caused due to the attack made by the first accused with a sword. The overt acts alleged against the second accused (petitioner) do not relate to the grievous hurt caused to the de facto complainant. BA 6333/2011 2 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 all Mondays, till the final report is filed or until further orders; 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; BA 6333/2011 3 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