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Babu vs State Of Kerala on 22 February, 2010

Kerala High Court
Babu vs State Of Kerala on 22 February, 2010
       

  

  

 
 
  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.
                    ---------------------------
                     B.A. No. 290 of 2010
               ------------------------------------
          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

ln

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