IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 290 of 2010()
1. BABU, AGED 52 YEARS, S/O.AVIRAH,
... Petitioner
2. RAJU, AGED 35 YEARS,
3. PAUL, AGED 29 YEARS, S/O.JOSEPH,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 290 of 2010
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Dated this the 22nd day of February, 2010
O R D E R
When the Bail Application came up for hearing on
11.02.2010, the following order was passed:
“This is an application for anticipatory
bail under Section 438 of the Code of
Criminal Procedure. The petitioners are
accused Nos.2 to 4 in Crime No.8 of 2010
of Melukavu Police Station, Kottayam
District.
2. The offences alleged against the
petitioners are under Sections 294(b), 323
and 326 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that on
3.1.2010, the de facto complainant was
attacked by the accused persons with sticks
and hands. The de facto complainant
sustained fracture on his left leg. It is
submitted that the fracture is attributable to
the assault made by accused No.1. It is
submitted that accused No.1 was arrested
and he was later released on regular bail. It
is also submitted that the overt acts alleged
against the petitioners are not attributable
to the grievous injury sustained by the de
facto complainant.
B.A. No. 290 of 2010 2
4. Taking into account the facts and
circumstances of the case, I am of the view
that before disposing of the Bail Application,
an opportunity should be given to the
petitioners to appear before the
investigating officer. Accordingly, there will
be a direction to the petitioners to appear
before the investigating officer at 9 A.M. on
16.2.2010 and 17.2.2010. The petitioners
shall produce copy of the order before the
investigating officer.
Post on 22.2.2010.
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection
with Crime No.8 of 2010 of Melukavu Police
Station.
Hand over copy to both sides.”
2. It is submitted by the learned counsel for the petitioners
and the learned Public Prosecutor that the petitioners have
complied with the direction contained in the order dated
11.02.2010.
3. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
B.A. No. 290 of 2010 3
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 police station shall release
them on bail on their executing bond for Rs.15,000/- 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 alternate 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) 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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