IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5075 of 2011() ----------------------------------------- CRIME NO.235/2011 OF PALAKKAD KASBA POLICE STATION, PALAKKAD DIST. .................... PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. RAVEENDRAN, S/O. KRISHNAN, AGED 38 YEARS, MAMBULLY OMAYAMPALLAM, VENGODI, ELAPPULLY, PALAKKAD. 2. RAMACHANDRAN, S/O. KRISHNAN, AGED 50 YEARS, MAMBULLY NAITHARAKKODE, VENGODI POST, ELAPPULLY, PALAKKAD. 3. SHYAMALA, D/O. KRISHNAN, AGED 39 YEARS, MAMBULLY OMAYAMPALLAM, VENGODI, ELAPPULLY, PALAKKAD. BY ADV. SRI.P.K.MOHANAN (PALAKKAD) RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs K.T.SANKARAN, J. --------------------------------- B.A.No.5075 of 2011 --------------------------------- Dated this the 4th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 3 in Crime No.235 of 2011 of Kasba Police Station, Palakkad 2. The offence alleged against the petitioners are under Sections 341, 323, 324 and 308 read with 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons forcibly entered into the residential compound of the defacto complainant and attacked him with a deadly weapon like chopper. The defacto complainant sustained injuries on his head. It is seen that the allegation of having used chopper is attributable to the first accused. The second accused is the B.A.No.5075 of 2011 2 brother of the first accused and the third accused is the sister of accused Nos.1 and 2. The overt acts alleged as against accused Nos.2 and 3 are not as grave as those alleged against the 1st accused . 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 petitioners 2 and 3. However, the prayer for anticipatory bail cannot be granted in favour of the first petitioner/1st accused. There will be a direction that in the event of the arrest of petitioners 2 and 3, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for `10,000/-(Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The 2nd petitioner/2nd accused 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.A.No.5075 of 2011 3 B) The 2nd and 3rd petitioners shall appear before the investigating officer for interrogation as and when required; C) The 2nd and 3rd petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The 2nd and 3rd petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) Before the expiry of the period mentioned above, the 2nd and 3rd petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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 it relates to petitioners 2 and 3 and it is dismissed in so far as it relates to the first petitioner. K.T.SANKARAN, JUDGE. cms