IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3312 of 2009()
1. VINOD, S/O.MAHESHAN, AGED 30 YEARS,
... Petitioner
2. VINESH, S/O.VISWANATHAN, AGED 26 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI. K.SIJU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3312 of 2009
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Dated this the 6th day of July, 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 and 3 in Crime No.513/2009 of Kollam East Police
Station.
2. The offences alleged against the petitioners are under
Sections 323, 324 and 308 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that the accused persons
attacked the defacto complainant with an iron rod and he
sustained injuries.
4. I have perused the case diary and also the wound
certificate.
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 the petitioners. There will be a direction that in the
event of the arrest of the petitioners, the officer in charge of the
B.A. No. 3312 / 2009
Page numbers
police station shall release them on bail for a period of one
month on their executing bond for Rs.25,000/- each with two
solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
A) The petitioners 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 petitioners shall appear before the
investigating officer for interrogation as and
when required;
C) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioners shall not commit any offence or
indulge in any prejudicial activity while on bail.
E) On the expiry of the period mentioned above, the
petitioners shall surrender before the Magistrate
concerned and seek regular bail or even before
that period.
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
scm