IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3487 of 2009() --------------------------------------- CRIME NO.323/2009 OF NEYYATTINKARA POLICE STATION. PETITIONER/ACCUSED NO.1: ------------------------------------------- SIVAKUMAR @ AYYAPPAN, S/O.VELAMMAL AND SUBBAYYAN ACHARI, JAYA BHAVAN, PERINGOTTUKONAM, PERUMPAZHUTHOOR, NEYYATTINKARA. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/ COMPLAINANT: -------------------------------------------------- STATE OF KERALA - S.I. OF POLICE, NEYYATTINKARA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3487 of 2009 ------------------------------------ Dated this the 1st day of July, 2009 O R D E R 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.323/2009 of Neyyattinkara Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 427, 323, 451, 354 and 379 read with Section 34 of the Indian Penal Code. 3. The defacto complainant is the sister-in-law of the petitioner. The brother of the petitioner died several years ago. In respect of the property belonging to the husband of the defacto complainant, a civil dispute is pending between the parties. The learned counsel for the petitioner submitted that Section 379 is included to see that the accused persons are denied. 4. I have gone through the case diary. The incident occurred on 10/5/2009. The defacto complainant visited the hospital on the same day. It is not clear from the wound B.A. No.3487/2009 Page numbers certificate whether he was admitted in the hospital as an inpatient. In the wound certificate, O.P as well as I.P numbers have been shown. The F.I.R. is registered on 12/05/2009. 5. Taking into account the facts and circumstances of the case, the nature of the injury and the fact that a civil dispute is pending between the parties, 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 B.A. No.3487/2009 Page numbers indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail or even before that period. 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 scm