IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 5943 of 2009() ----------------------------- CRIME NO.242/2009 OF IDUKKI POLICE STATION APPLICANTS/ACCUSED NO.1 TO 4 ------------------------------------------------ 1. SABU, AGED 40 YEARS, S/O.JOSEPH, VEZHAMBASSERIL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. 2. JOY AGED 42 YEARS, S/O.MATHEW, VEZHAMBASSERIL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. 3. SABU, AGED 38 YEARS, S/O.J0SEPH, PUTHUPARAMBIL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. 4. SONY, AGED 29 YEARS, S/O.MATHEW, KULATHUMKAL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLULAM REP.BY S.I.OF POLICE, IDUKKI POLICE STATION,IDUKKI PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5943 of 2009 --------------------------------------------- Dated this the 25th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.242 of 2009 of Idukki Police Station. 2. The offences alleged against the accused persons, originally, were under Sections 143, 147, 148, 323, 324, 308 and 379 read with Section 34 of the Indian Penal Code. The learned Public Prosecutor submits that the investigation revealed that only four accused persons are involved in the offence and therefore, sections of offences have been altered as Sections 323, 324, 114, 427 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. It would reveal that the allegation is that the second accused used a chopper and inflicted incised wounds on the forehead of the defacto complainant. There is no allegation that BA No.5943/2009 2 accused Nos.1, 3 and 4 used chopper or any other deadly weapons. 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 accused Nos.1, 3 and 4. However, I am not inclined to grant anticipatory bail to accused No.2. There will be a direction that in the event of the arrest of petitioners 1, 3 and 4 (accused Nos.1, 3 and 4), the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1, 3 and 4 shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) Petitioners 1, 3 and 4 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1, 3 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1, 3 and 4 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, BA No.5943/2009 3 the bail shall be liable to be cancelled. The Bail Application is dismissed in so far as it relates to the second petitioner/second accused and it is allowed in so far as it relates to petitioners 1, 3 and 4/accused 1, 3 and 4. K.T.SANKARAN, JUDGE csl