IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 2115 of 2009() --------- ----------------------------- CRMP.722/2009 of DISTRICT COURT, KOTTAYAM CRIME NO. 127/2009 OF CHINGAVANAM POLICE STATION .................... PETITIONER: -------------------- SHAJI @ MANI, S/O. THANKAPPAN, ARUPATHIL, MARIYAPPALLY P.O., NATTAKAM. BY ADV. SRI.B.PREMOD RESPONDENTS: ----------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHINGAVANAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI.V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON 20/07/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2115 of 2009 ------------------------------------ Dated this the 29th 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 accused in Crime No.127/2009 of Chingavanam Police Station. 2. The offences alleged against the petitioner are under Sections 324, 427 and 308 of the Indian Penal Code. 3. The defacto complainant is the nephew of the accused. The petitioner has stated in the Bail Application that he is a patient suffering from acute Myeloid Leukemia (Blood Cancer) and he is undergoing treatment at Amrita Institute of Medical Sciences. The learned Public Prosecutor, on getting instructions, submitted that this statement of the petitioner is true. 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 B.A.No. 2115 of 2009 2 police station shall release him on bail 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 appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln