IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5586 of 2009()
1. HARIDASAN ,AGED 37 YEARS, S/O.MAKKU
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
2. THE STATE, REPRESENTED BY THE
For Petitioner :SRI.T.K.SAIDALIKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/10/2009
O R D E R
M.Sasidharan Nambiar, J.
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B.A.No.5586 of 2009
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ORDER
Petitioner is the first accused in Crime No.
433/2009 of Pattambi Police Station, registered for the
offences under Sections 323 and 326 read with Section
34 of Indian Penal Code. Petitioner, along with the
remaining three accused, sought anticipatory bail from
Sessions Court, Palakkad. Under Annexure-A1 order,
anticipatory bail was granted to accused 2 to 4 and
prayer of the petitioner was rejected for the reason
that he had used chopper to inflict grievous hurt.
Petitioner again approached the learned Sessions Judge
for anticipatory bail, which was dismissed under
Annexure-A2 order. This petition is filed under Section
438 of Code of Criminal Procedure for anticipatory bail
contending that his custodial interrogation is not
necessary and he is prepared to abide by any condition
and in such circumstances, he be granted anticipatory
bail.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
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3. Out of the four accused, who allegedly
committed the offences under Sections 323 and 326 read
with Section 34 of Indian Penal Code, three accused
were granted anticipatory bail by the learned Sessions
Judge. Petitioner was refused to be released on
anticipatory bail for the reason that he used a chopper
and serious fracture was caused, which necessitated an
operation for the injured at the Medical College
Hospital, Thrissur.
4. From the nature of the offences, learned Public
Prosecutor has no case that custodial interrogation of
the petitioner is necessary. In such circumstances,
when the co-accused were already released on bail, I
find it not in the interest of justice to deny the same
benefit to the petitioner for the reason that in
furtherance of the common intention it was the
petitioner who inflicted injury with a chopper. A pre-
arrest bail could be granted to the petitioner on
sufficient conditions.
Application is disposed directing the
Investigating Officer to release the petitioner, in the
event of his arrest, on bail on executing a bond for
BA 5586/09 3
Rs.10,000/- with two solvent sureties each for the like
sum to the satisfaction of the Investigating Officer on
the following conditions:
1. Petitioner shall appear before the
Investigating Officer on every Wednesday between 10
a.m. and 12 noon for one month and thereafter as and
when required by the Investigating Officer.
2. Petitioner shall not induce, influence or
threaten any person from disclosing facts known to them
to the Investigating Officer or to the court.
3. Petitioner shall not commit any offence while
on bail.
4. Petitioner shall not leave India without the
permission of the Magistrate.
This order will prevail for one month and it is
for the petitioner to seek regular bail from the
concerned Magistrate.
7th October, 2009 (M.Sasidharan Nambiar, Judge)
tkv