IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1805 of 2010()
1. MARTIN ALIAS ANIL,
... Petitioner
2. SANU, S/O.KURIAN, AGED 22 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.T.V.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/04/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1805 OF 2010
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Dated this the 7th day of April, 2010
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 2 in Crime No.19 of 2010 of Kuttampuzha Police Station,
Ernakulam District.
2. The offences alleged against the petitioners are under
Sections 452, 341, 324 and 308 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that on 26.2.2010, the accused
persons attacked the de facto complainant with choppers. The de
facto complainant sustained serious injury. It is seen that the serious
injury sustained by the de facto complainant is alleged to have been
caused by the overt act done by the first accused. No serious injury
is seen caused to the de facto complainant on account of any overt
act made by the second accused.
B.A. NO. 1805 OF 2010
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4. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the injury sustained,
I do not think that anticipatory bail can be granted to the first
petitioner (first accused). However, the case of the second petitioner
(second accused) stands on a different footing. As stated earlier,
the overt acts alleged against the second accused are not
attributable to the serious injury caused to the de facto complainant.
In these circumstances, I am inclined to grant anticipatory bail to the
second petitioner (second accused).
5. There will be a direction that in the event of the arrest of the
second petitioner (second accused), the officer in charge of the
police station shall release him on bail on his executing bond for
Rs.15,000/- with two solvent sureties for the like amount to the
satisfaction of the officer concerned, subject to the following
conditions:
a) The second petitioner (second accused) shall report
before the investigating officer between 9 A.M. and 11
A.M. on alternate Mondays, till the final report is filed or
until further orders;
b) The second petitioner (second accused) shall appear
before the investigating officer for interrogation as and
when required;
B.A. NO. 1805 OF 2010
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c) The second petitioner (second accused) shall not try to
influence the prosecution witnesses or tamper with the
evidence;
d) The second petitioner (second accused) shall not
commit any offence or indulge in any prejudicial activity
while on bail;
e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
The Bail Application is dismissed in so far as it relates to the
first petitioner (first accused) and it is allowed in the manner
indicated above in so far as it relates to the second petitioner
(second accused).
(K.T.SANKARAN)
Judge
ahz/