IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7537 of 2008()
1. SHAJU P.D., S/O.DEVASSY, PLAKKA HOUSE,
... Petitioner
2. GEORGE, S/O.JOSE, KIZHAKKODAN HOUSE,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/12/2008
O R D E R
M.C. HARI RANI, J.
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Bail Application NO.7537 OF 2008
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DATED THIS THE 23RD DAY OF DECEMBER 2008
O R D E R
In this Petition filed under Section 438 Cr.P.C. the
petitioners who are the accused 1 and 2 in Crime No. 241/2008
of Varantharappilly Police Station for offences punishable under
Sections 452, 324, 323 read with Section 34 of the Indian Penal
Code seek anticipatory bail. The allegation against the
petitioners is that on 23-11-2008 at 2 p.m.the petitioners along
with the 3rd accused trespassed to the house of the de facto
complainant and the first accused assaulted on the stomach of
the de facto complainant and caused injury by stabbing with
broken milk bottle and the second and the third accused also
assaulted the de facto complainant on different parts of the body.
2. I heard the learned counsel for the petitioners and the
learned Public Prosecutor. This petition is not opposed by the
learned Public Prosecutor.
3. Having regard to the nature of the allegations levelled
Bail A.No.7537/2008 -:2:-
against the petitioners and the other circumstances of the case, I
am inclined to grant anticipatory bail to the petitioners.
Accordingly, a direction is issued to the officer-in-charge of the
police station concerned to release the petitioners on bail for a
period of one month in the event of their arrest in connection
with the above case on their executing a bond for Rs. 20,000/-
(Rupees twenty thousand only) with two solvent sureties each
for the like amount to the satisfaction of the said officer and
subject to the following conditions:
1. Petitioners shall report before the
Investigating Officer between 9 a.m. and 11
a.m. on all Wednesdays.
2. The petitioners shall make himself available
for interrogation including custodial
interrogation as and when required by the
Investigating Officer.
3. The petitioners shall not influence or
intimidate the prosecution witnesses nor shall
they attempt to tamper with the evidence for
the prosecution.
4. Petitioners shall not commit any offence while
on bail.
Bail A.No.7537/2008 -:3:-
5. Petitioners shall surrender before the
Magistrate concerned and seek regular bail in
the meanwhile.
If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be
cancelled.
This application is allowed as above.
M.C. HARI RANI,
ks. JUDGE.