IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Bail Appl..No. 3172 of 2009() ----------------------------- CRIME NO.131/2009 OF POOCHAKKAL POLICE STATION PETITIONERS/ACCUSED NOS. 2 TO 4 --------------------------------------------------- 1. PRAMOD, AGED 32, S/O.KRISHNAN, CHUDUKATTUNIKATHIL, THYCATTUSSERY P.O., CHERTHALA. 2. UDAYAN, AGED 42, CHERTH, S/O.KRISHNAN, CHUDUKATTUNIKATHIL, THYCATTUSSERY P.O., CHERTHALA. 3. SATHEESAN, AGED 40, S/O.VELAYUDHAN, KOOTTUNKAL HOUSE, MULAVUKAD P.O., ERNAKULAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3172 of 2009 ----------------------------- Dated this the 29th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos.2 to 4 in Crime No.131 of 2009 of Poochakkal Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 341 and 326 read with Section 34 of the Indian Penal Code. 3. The case of the defacto complainant is that while coming on a bike on 27.5.2009, he was attacked by the accused persons whereby he sustained injuries. The FI statement was recorded on 30.5.2009. 4. Learned counsel for the petitioners submitted that on 29.5.2009, the elder brother of the petitioners had submitted a petition to the Sub Inspector of Police. It is stated therein that the defacto complainant was found in suspicious circumstances and the people of the locality caught hold of him and while trying to escape, the defacto complainant sustained some injuries. 5. Taking into account the facts and circumstances of the BA No. 3172 /2009 2 case, the nature of the offence 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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