IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2089 of 2010()
1. BIJU @ KILIMUTHU, GOPURAM, PUTHUPPALLY
... Petitioner
2. BINU @ THAMPAN,ULIYANATTU KIZHAKKATHIL,
Vs
1. THE SUB-INSPECTOR OF POLICE,KAYAMKULAM
... Respondent
2. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.T.S.HARIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/04/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 2089 of 2010
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Dated this the 5th 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.943/2009 of Kayamkulam Police Station,
Alapuzha District.
2. The offences alleged against the petitioners are under
Sections 294(b), 323, 341, 354, 452 and 308 read with Section
34 of the Indian Penal Code.
3. The prosecution case is that the petitioners trespassed
into the house of the de facto complainant and attacked him and
his wife. It is stated that the de facto complainant is the uncle of
the petitioners.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
5. Taking into account the facts and circumstances of the
case, the nature of the offence 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
B.A. No. 2089 / 2010 2
petitioners, the officer in charge of the police station shall release
them on bail 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 every Monday, 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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