IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 2967 of 2009 CRIME NO.34 OF 2009 OF POOCHAKKAL POLICE STATION, ALAPPUZHA. PETITIONERS: ACCUSED 1 TO 4 ---------------------------------- 1. VIPIN, AGED 20, S/O. VIJAYAN, KANNIKOMIL, THYKATTUSSERY PANCHAYATH, WARD NO.7, CHERTHALA. 2. PRINCE, AGED 22, S/O. PADMANABHAN, KANDATHITHARA VEEDU, -DO- 3. RAJILAL, AGED 22, S/O. REGHU, CHANIVELICHIRA, WARD NO.3, THYKATTUSSERY PANCHAYATH, CHERTHALA. 4. LALJIMON, AGED 28, S/O. REGHU, -DO- (DELETED) THE FOURTH PETITIONER IS DELETED FROM THE ARRAY OF PARTIES AS PER THE ORDER DATED 11/6/2009 IN CRL.M.A.NO.3182 OF 2009. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.SAJITHA GEORGE RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2967 OF 2009 ------------------------------------------------------ Dated this the 11th June, 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 to 4 in Crime No.34 of 2009 of Poochakkal Police Station, Alappuzha. 2. The offence alleged against the petitioners are under Sections 447, 323, 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. Crl.M.A.No.3182 of 2009 is filed by the counsel for the petitioners stating that the fourth petitioner, Lalan @ Lalji @ Laljimon, was arrested by the police and he has moved B.A.No.3261 of 2009 under Section 439 of the Code of Criminal Procedure. Therefore, the name of the fourth petitioner is deleted from the array of parties. 4. Learned Public Prosecutor submitted that the second petitioner, Prince, who is the second accused in Crime No.34 of B.A. NO. 2967 OF 2009 :: 2 :: 2009, was deleted from the array of parties and, therefore, this Bail Application is not being considered in so far as petitioner No.2 is concerned. 5. It is submitted by the counsel for the petitioner as well as the learned Public Prosecutor that there is a counter case as Crime No.33 of 2009, in which, the de facto complainant is Rajilal, brother of accused No.3 in Crime No.34 of 2009. The offences alleged against Sunilal and five others, who are the accused in Crime No.33 of 2009, are under Sections 323, 324, 326, 341 and 308 read with Section 34 of the Indian Penal Code. Sunilal, the first accused in Crime No.33 of 2009, is the de facto complainant in Crime No.34 of 2009. Learned Public Prosecutor made available a copy of the wound certificate in Crime No.34 of 2009, which would disclose that the injuries noted are not of a serious nature. 6. 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 petitioner Nos.1 and 3. There will be a direction that in the event of the arrest of petitioner Nos.1 and 3, the officer in charge of the B.A. NO. 2967 OF 2009 :: 3 :: police station shall release them on bail for a period of one month on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioner Nos.1 and 3 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) Petitioner Nos.1 and 3 shall appear before the investigating officer for interrogation as and when required; c) Petitioner Nos.1 and 3 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioner Nos.1 and 3 shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, petitioner Nos.1 and 3 shall surrender before the Magistrate concerned and seek regular bail; f) 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 ahz/