IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4267 of 2009() ------------------------------------- CRMP.1690/2009 of DISTRICT COURT, ALAPPUZHA AGAINST THE JUDGEMENT/ORDER IN BA.3724/2009 Dated 10/07/2009 CRIME NO. 496/2009 OF CHERTHALA POLICE STATION .................... PETITIONER/IST ACCUSED: ---------------------------------------- SUDHESH @ UNNAPPAN, S/O. RAMAKRISHNAN, AGED 32 YEARS, KURUPPANTHARA, WARD-NO.VIII, CHERTHALA SOUTH PANCHAYATH, CHERTHALA. BY ADV. SRI. C.K. SAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4267 of 2009 ------------------------------------ Dated this the 13th 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 petitioner is the first accused in Crime No.496/2009 of Cherthala Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. I have perused the Case Diary. 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. 5. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the 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 B.A. No.4267 /2009 Page numbers following conditions: A) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The 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 to the extent indicated above. K.T. SANKARAN, JUDGE scm