IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5965 of 2011() -------------------------- CRIME NO. 216/2011 OF RAMAPURAM POLICE STATION, KOTTAYAM ................ PETITIONERS/ACCUSED NO. 1 TO 4 ---------------------------------------------- 1. GEORGEKUTTY XAVIOR, CHEENKALLEL HOUSE, RAMAPURAM P.O., VELLILAPILLY VILLAGE, KOTTAYAM DISTRICT. 2. SAVIO JOSEPH, ALAPPATTUKUNNEL HOUSE, THALAPPALAM KARA, MOONNILAVU VILLAGE, KOTTAYAM DISTRICT. 3. JOY VARGHESE, THALIPPARAMBIL HOUSE, AMANAKARA P.O., KOTTAYAM DISTRICT. 4. SHAJI JOSEPH, KATTADAYIL HOUSE, KARAMALA P.O., VELIYANNOOR VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENT : ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.216/2011 OF RAMAPURAM POLICE STATION). BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Bail Appl..No. 5965 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE 1 : COPY OF THE COMPLAINT DATED 08.11.2010 SUBMITTED BEFORE SUPERINTENDENT OF POLICE, KOTTAYAM. ANNEXURE 2 : COPY OF COMPLAINT DATED 10.05.2011. ANNEXURE 3 : COPY OF LAND TAX RECEIPT NO. 2390772 DTD. 11.05.2010. ANNEXURE 4 : COPY OF THE ORDER DTD. 15.07.2011 IN CRL.M.P. 2307/2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn K.T.SANKARAN, J. --------------------------------- B.A. No.5965 OF 2011 --------------------------------- Dated this the 27th 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 4 in Crime No.216 of 2011 of the Ramapuram Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 143, 148, 342, 324, 308 and 452 read with 149 of the Indian Penal Code. 3. It is stated by the learned counsel for the petitioner that the defacto complainant and accused Nos.1 and 2 are close relatives and that there are property dispute between them. 4. The prosecution case is that on 3.7.2011 at 11.30 A.M, the accused persons attacked the defacto complainant B.A. No.5965 OF 2011 2 and others with sword stick, iron rod and knife. As a result of the attack made by accused Nos.1 and 3, the defacto complainant and his brother sustained cut injuries. In the nature of the allegations made against accused Nos.1 and 3, I do not think they are entitled to the discretionary relief of anticipatory bail. 5. As regards accused Nos.2 and 4, the overt acts alleged against them are not attributable to any cut injury or any other serious injury. 6. In the facts and circumstances, I am of the view that anticipatory bail can be granted to accused Nos.2 and 4. There will be a direction that in the event of the arrest of the petitioners 2 and 4, the officer in charge of the police station shall release them on bail 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 petitioners 2 and 4 shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final B.A. No.5965 OF 2011 3 report is filed or until further orders; B) The petitioners 2 and 4 shall appear before the investigating officer for interrogation as and when required; C) The petitioners 2 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 2 and 4 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 dismissed in so far as it relates to accused Nos.1 and 3 and it is allowed in the manner indicated above in so far as it relates to accused Nos.2 and 4. K.T.SANKARAN, JUDGE. cms