IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2527 of 2009() ----------------------------- CRIME NO.242/2009 OF CHERTHALA POLICE STATION .................... PETITIONER/IST ACCUSED : --------------------------------------- AKHIL VIJAY,A/S UNNIKUTTAN, AGED 22 YEARS,S/O.VIJAYAKUMARAN NAIR, AKHIL NIVAS,PALLIPPURAM,CHERTHALA. BY ADV. SRI.G.D.PANICKER RESPONDENT(S): COMPLAINANT-STATE -------------------------------- THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2527 of 2009 -------------------------------- Dated this the 1st day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.242 of 2009 of Cherthala Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22.3.2009 while the defacto complainant was riding on a motor cycle, the accused persons obstructed him, beat the defacto complainant with iron rod and snatched away gold chain weighing two sovereigns. 4. The learned public prosecutor submitted that there are two cases registered against the first accused, one for the offence under Section 324 read with Section 34 IPC and the other a proceeding under Section 107 Crl.P.C. The allegation of the petitioner is that the present case is foisted against him on account of political rivalry. The petitioner is a LD clerk in BA No. 2527/2009 2 Government service. There is also an allegation that the defacto complainant had threatened the petitioner that the petitioner would lose his job on account of some case to be initiated against him. 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 the petitioner. 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 for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No. 2527/2009 3 e) On the expiry of the period mentioned above, the petitioner 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. (K.T.SANKARAN) Judge csl BA No. 2527/2009 4 K.T.SANKARAN, JUDGE csl