IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 7356 of 2009 CRIME NO.1096 OF 2009 OF KUNDARA POLICE STATION, KOLLAM DISTRICT PETITIONER/3RD ACCUSED ------------------------------------------ JOHNSON DOMINIC, S/O.DOMINIC, KALIYILVILA PUTHEN VEEDU, NADIRIKKAL (P.O), VELLIMON, KOLLAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7356 OF 2009 ------------------------------------------------------ Dated this the 5th day of March, 2010 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.1096 of 2009 of Kundara Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20.10.2009, the accused persons attacked the de facto complainant and he sustained grievous hurt. 4. The learned Public Prosecutor submitted that accused Nos.1 and 3 were arrested and they were released on bail. The de facto complainant sustained fracture of right tibia. It is seen that the above injury is attributable to the alleged assault made by the first accused with a stick. There is no allegation that accused Nos.2 and 3 used any weapon of offence. In these circumstances, I am of the view that anticipatory bail can be granted to the petitioner. B.A. NO. 7356 OF 2009 :: 2 :: 5. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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 ahz/