IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 3864 of 2009() ----------------------------- CRIME NO.88/2009 OF RAJAKKADU POLICE STATION PETITIONER/ACCUSED 1 & 2 -------------------------------------------- 1. SANDEEP, S/O.KUTTAPPAN, AGED 22 YEARS, CHAVATTUKUZHIYIL HOUSE, POOMALA BHAGAM, POTTENKADU KARA, BISON VALLEY VILLAGE. 2. SATHEESH, S/O.CHANDRAN, AGED 22 YEARS, KUREEKATTIL HOUSE, POOMALA BHAGAM, POTTENKADU KARA, BISON VALLEY VILLAGE. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, RAJAKKADU POLICE STATION, IDUKKI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3864 of 2009 --------------------------------------------- Dated this the 31st day of July, 2009 ORDER 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.88 of 2009 of Rajakkadu Police Station. 2. The offence alleged against the petitioner is under Section 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20.5.2009, the defacto complainant was attacked by the accused persons with iron rods and he sustained injuries. It is stated that had he not prevented the blows being inflicted, it would have caused head injury resulting in his death. 4. I have perused the case diary file. 5. It is seen that there was a dispute between two groups of people regarding the removal of a flex board depicting the picture of a political leader. It is stated that the incident occurred as the result of such dispute. 6. Taking into account the facts and circumstances of the BA No.3864/2009 Page numbers 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; 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. K.T.SANKARAN, JUDGE csl