IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3885 of 2009() ----------------------------- CRIME NO. 119 OF 2009 OF PAYANGADI POLICE STATION. AGAINST THE ORDER IN BA.3336/2009 DATED 22/06/2009 .................... PETITIONERS/ACCUSED: ------------------------------------ 1. P. KAMALAKSHAN, S/O. KUNHAPPA, AGED 52 YEARS, ADVOCATE, HARIKRISHNA, CHERUTHAZHAM, P.O.MANDOOR, KANNUR DISTRICT. 2. NITHEESH KAMAL, S/O. KAMALAKSHAN, 19 YEARS, STUDENT, HEHRU COLLEGE OF ENGINEERING, HARIKRISHNA, CHERUTHAZHAM, P.O.MANDOOR, KANNUR DISTRICT. 3. KHALID C.P., S/O. ABDULLA, AGED 27 YEARS, C.P.HOUSE, MUTTAM, P.O.VENGARA, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHO, PAYANGADI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR. BY SRI. TEKCHAND PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------- B.A. No. 3885 of 2009 ------------------------------------- Dated this the 10th July, 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 3 in Crime No.119/2009 of Payangadi Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 13.5.2009, in which the defacto complainant, Savithri sustained injuries. The wound certificate would disclose that she sustained fracture injury. 4. The petitioners had filed B.A.No.3336/2009for anticipatory bail, which was withdrawn with permission on 22/06/2009. In view of the subsequent developments, this Bail Application being entertained. 5. The learned counsel for the petitioners pointed out that there is a civil dispute between the parties in respect of the ancestral property. Crime No.120/2009 relates to an offence B.A. No. 3885/ 2009 Page numbers alleged to have occurred on 13/05/2009, in which Nidhish and another sustained injuries. The Bail Application No.3430/2009 filed by accused Nos.1 and 4 in Crime No.120/2009 was allowed and anticipatory bail was granted. 6. Taking into account the facts and circumstances of the case, the existence of a counter case, the relationship between the parties, pendency of the civil disputes and all other related 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 conditions: a) The petitioners 1 and 3 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. No. 3885/ 2009 Page numbers d) The petitioners 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 scm