IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 5318 of 2011() ----------------------------- (CRIME NO.768 OF 2011 OF KUNNAMKULAM POLICE STATION) PETITIONERS/ ACCUSED --------------------------- 1. SHIJU.N.K, S/O. KUNJUMON, NEETTIYATH HOUSE, WEST MANGAT, PAZHANJI, THRISSUR DISTRICT. 2. PRABEESH, S/O. AYYAPPAN, THAIPARAMBIL HOUSE, WEST MANGAT, PAZHANJI, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY ASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5318 OF 2011 --------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.768 of 2011 of Kunnamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 & 326 of the Indian Penal Code. 3. The defacto complainant is a tailor by profession. The petitioners are autorikshaw drivers. There arose dispute between them in respect of parking of autorikshaws. It is alleged that the petitioners attacked the defacto complainant and he sustained serious injuries including fracture of left hand. 4. The learned counsel for the petitioners B.A.No.5318 OF 2011 2 submitted that the defacto complainant in the present case stabbed the second petitioner herein and Crime No.760 of 2011 was registered against the defacto complainant. The learned Public Prosecutor submitted that in Crime No.760 of 2011, the offences alleged are under Sections 341, 323 & 324 of the Indian Penal Code. A copy of the First Information Report in Crime No.760 of 2011 is produced along with this Bail Application which would show that the second petitioner was stabbed by the defacto complainant in the present case. 5. When the Bail Application came up for admission on 8th July, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offences, 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 between 9 A.M. and 11 A.M. on 15/07/2011 and 16/07/2011”. 6. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the B.A.No.5318 OF 2011 3 direction in the order dated 8th July, 2011 has been complied with by the petitioners. 7. 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 8th July, 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 the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of two months on their executing bond for `10,000/- (Rupees Ten thousand only) 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 alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No.5318 OF 2011 4 d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. e) Before the expiry of the period mentioned above, the petitioners 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. cms