IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5249 of 2011() ----------------------------- CRIME NO.459/2011 OF CHERPU POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3 -------------------------------------------- 1. VASAN, S/O.VASU, VALIYAVEETTIL HOUSE, P.O.CHITTISSERY, THRISSUR. 2. ALIN, S/O.SIVAN, CHEMBILIYATH HOUSE, P.O.KALLOOR, THRISSUR. 3. PAVITHRAN, S/O.KANNAI, ARAKKAN HOUSE, P.O.CHITTISSERY, THRISSUR. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5249 of 2011 --------------------------- Dated this the 19th day of July, 2011 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.459 of 2011 of Cherpu Police Station. 2. The offence alleged against the petitioners is under Section 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5.6.2011, the accused persons attacked the de facto complainant, while he was engaged in fishing and caused injuries to him by a knife. 4. When the Bail Application came up for admission on 7.7.2011, the following order was passed : “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BA 5249/11 2 The injuries noted are not serious in nature. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 15.7.2011 or on 16.7.2011. 6. Post on 19.7.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.459 of 2011 of Cherpu Police Station, till 19.7.2011. The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 7.7.2011 has been complied with by BA 5249/11 3 the petitioners. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 7.7.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday for a period of two months, B) The petitioners shall appear before the investigating officer for interrogation as and when required . BA 5249/11 4 C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence . 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 csl