IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 3837 of 2009() -------------------------------------- CRMP.1444/2009 of DISTRICT COURT, PALAKKAD CRIME NO.163/2009 OF KOZHINJANPARA POLICE STATION. .................... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. PREMADAS,S/O.PARAMESWARAN,AGED 24 YRS, VADUKAMKULAMBU,KOZHINJANPARA,CHITTUR TALUK. 2. PRAKASAN,S/O.PRABHAKARAN,AGED 23 YEARS, CHERIYANAD KALAM,ATHIKKOD,KOZHINJANPARA, CHITTUR TALUK. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT/STATE: ------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,KOZHINJANPARA POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3837 of 2009 ------------------------------------ Dated this the 7th day of August, 2009 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 and 2 in Crime No.163/2009 of Kozhinjanpara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 324, 308 and 506 read with Section 149 of the Indian Penal Code. 3. There are six accused persons in the case. All of them applied for anticipatory bail before the learned Sessions Judge. Anticipatory bail was granted to accused Nos.3 to 6 as per the order dated 1/06/2009. 4. The learned counsel for the petitioners pointed out that the injuries sustained by the victim are only minor injuries and it cannot be believed that the incident as alleged happened. If it were so, the injuries would be graver than those noted in the wound certificate. It is also to be noted that there are no incised B.A. No.3837/ 2009 Page numbers wounds, though the allegation is that accused Nos.1 and 2 stabbed the defacto complainant with knives. 5. 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 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 on their executing bond for Rs.25,000/-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 all 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. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.3837/ 2009 Page numbers 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 to the extent indicated above. The observations made herein above are intended only for the purpose of disposal of this Bail Application and it shall not be treated as observations on merit. K.T. SANKARAN, JUDGE scm