IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5746 of 2011 CRIME NO.483 OF 2011 OF HARIPAD POLICE STATION, ALLEPPEY DISTRICT PETITIONERS/ACCUSED NOS.1, 7, 8 AND 9 -------------------------------------------- 1. ULLAS.U, AGED 23 YEARS, S/O.UTHAMAN, THUNDUKALATHIL, KARUVATTA (N) P.O., KARUVATTA, ALAPPUZHA. 2. SUNIL LAL @ RAJESH, AGED 29 YEARS, S/O.KARTHIKEYAN, NIKARTHIL, KARUVATTA (N) P.O., KARUVATTA, ALAPPUZHA. 3. JAGADEESAN, AGED 47 YEARS, S/O.KRISHNAN KUTTY, KOSAVILAYIL, THAMALLACKAL (P.O.), KUMARAPURAM, ALAPPUZHA. 4. CHANDRAN @ BRUCILY, AGED 47 YEARS, S/O.BHASKARAN, PATHILSSERIL VADAKKETHIL, KARUVATTA NORTH, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.5746 OF 2011 ------------------------------------------------------ Dated this the 25th 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, 7, 8 and 9 in Crime No.483 of 2011 of Haripad Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 149, 323, 324 and 326 of the Indian Penal Code. 3. The de facto complainant sustained injury on the forehead and below his left eye. It is submitted that the injuries sustained by the de facto complainant are attributable to the overt acts done by the first accused. It is submitted that the overt acts by accused Nos.7,8 and 9 are not attributable at all to the injury sustained on the de facto complainant. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injuries sustained and other circumstances, BAIL APPL. NO.5746 OF 2011 :: 2 :: I am not inclined to grant the discretionary relief of anticipatory bail in favour of the first accused/first petitioner. However, I am of the view that anticipatory bail can be granted to accused Nos.7, 8 and 9 who are petitioners 2, 3 and 4. There will be a direction that in the event of the arrest of petitioners 2, 3 and 4, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 2, 3 and 4/accused Nos.7, 8 and 9 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) Petitioners 2, 3 and 4/accused Nos.7, 8 and 9 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 2, 3 and 4/accused Nos.7, 8 and 9 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 2, 3 and 4/accused Nos.7, 8 and 9 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. BAIL APPL. NO.5746 OF 2011 :: 3 :: The Bail Application is dismissed in so far as it relates to the first petitioner/first accused and it is allowed in the manner indicated above in so far as it relates to petitioners 2, 3 and 4 (accused Nos.7, 8 and 9). (K.T.SANKARAN) Judge ahz/