IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3013 of 2009()
1. SIVAPRASAD, AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3013 of 2009
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Dated this the 12th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in
Crime No.200 of 2009 of Pazhayannoor Police Station.
2. The offences alleged against the petitioner are under Sections
323, 324 and 326 of the Indian Penal Code.
3. The prosecution case is that without any motive and without
enmity, the defacto complainant was attacked by the petitioner with a
wooden stick resulting injuries and fracture on tibia of the defacto
complainant.
4. The learned counsel for the petitioner submitted that the
defacto complainant is involved in several criminal cases and that
there are disputes regarding the properties between some of the
neighbours connected with the defacto complainant and the petitioner.
It is alleged that on the date of the incident, the defacto complainant
came to the house of the petitioner, abused the wife of the petitioner
and spit on her face. The petitioner came out of the house and there
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was a scuffle in which the defacto complainant sustained injuries. The
accused himself took the defacto complainant to the hospital where he
was admitted. It is pointed out that even the FI statement would
indicate that the petitioner was also there to take the defacto
complainant to the hospital.
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. 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 for a period of one month 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 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;
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e) On the expiry of the period mentioned above, the petitioner 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
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