IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1145 of 2010 CRIME NO.67 OF 2010 OF KOOTHATTUKULAM POLICE STATION, ERNAKULAM PETITIONERS: ACCUSED: -------------------------------- 1. THANKAPPAN, AGED 75 YEARS, S/O.KOCHUCHERUKKAN, ANDICHIRA HOUSE, THIRUMARADY, PAMPAKUDA, KATTOOR, ERNAKULAM DISTRICT. 2. SATHEESH, AGED 40 YEARS, S/O.THANKAPPAN, ANDICHIRA HOUSE, THIRUMARADY, PAMPAKUDA, KATTOOR, ERNAKULAM DISTRICT. 3. SURESH, AGED 38 YEARS, S/O.THANKAPPAN, ANDICHIRA HOUSE, THIRUMARADY, PAMPAKUDA, KATTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT & STATE: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOOTHATTUKULAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1145 OF 2010 ------------------------------------------------------ Dated this the 25th day of March, 2010 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.3, 1 and 2 in Crime No.67 of 2010 of Koothattukulam Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 447, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The first petitioner is the father of petitioners 2 and 3. It is stated that the de facto complainant is the brother of the first petitioner. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. NO. 1145 OF 2010 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the brother of the de facto complainant, I do not think it is proper to grant anticipatory bail to petitioners 2 and 3. However, taking into account the age of the first petitioner (75 years), the relationship between the parties and also the attendant circumstances, I am of the view that anticipatory bail can be granted to the first petitioner. 6. There will be a direction that in the event of the arrest of the first petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 1145 OF 2010 :: 3 :: d) The first petitioner 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. The Bail Application is allowed in the manner indicated above in so far as it relates to the first petitioner (accused No.3) and it is dismissed in so far as it relates to petitioners 2 and 3 (accused Nos.1 and 2). (K.T.SANKARAN) Judge ahz/