IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2068 of 2009()
1. NARAYANAN NAIR, S/O.NARAYANA PILLAI,
... Petitioner
2. JAYACHANDRAN, AGED 40 YEARS,
Vs
1. STATE OF KERALA(CRIME NO.59/2009 SI OF
... Respondent
For Petitioner :SRI.ALAN PAPALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :12/05/2009
O R D E R
M.L. JOSEPH FRANCIS, J.
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B.A. No.2068 OF 2009
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Dated this the 12th day of May, 2009
O R D E R
Heard both sides. This petition under section 438 of
Code of Criminal Procedure is filed by accused Nos.1 and 2 in
Crime No.59/2009 of Kidangoor Police Station alleging offences
under sections 326 and 308 read with section 34 of Indian Penal
Code. The allegation is that on 17.3.2009 at about 6 p.m. due to
previous enmity the petitioners attacked the defacto complainant
with knife and iron rod. With regard to the same occurrence a
counter case has been registered against the defacto
complainant and others as Crime No.58/2009 under sections
447, 323, 324, 326 and 308 read with section 34 of Indian Penal
Code. The learned counsel for the petitioners submitted that the
defacto complainant in Crime No.59/2009 has not sustained any
serious injury in the incident. Now investigation is almost over
except the arrest of the petitioners. Therefore granting of
anticipatory bail will not adversely affect the investigation.
Hence the petition is allowed. It is hereby directed that in the
B.A.2068/09
2
event of arrest of the petitioners in connection with the above
case, they shall be released on bail on executing bond for
Rs.25,000/- each with two solvent sureties for the like sum to the
satisfaction of the officer effecting arrest. The parties are
directed to appear before the Investigating Officer as and when
required.
M.L. JOSEPH FRANCIS,
JUDGE.
okb