IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3396 of 2008()
1. K.M.RAKESH, AGED 27 YEARS,
... Petitioner
2. K.BALAKRISHNAN, AGED 35 YEARS,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/06/2008
O R D E R
K.HEMA, J.
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B.A.No.3396 of 2008
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Dated this the 10th day of June, 2008
ORDER
Petition for anticipatory bail.
2. According to the prosecution, petitioners allegedly
assaulted the defacto complainant and committed offences under
Sections 341, 323 and 324 read with 34 IPC.
3. Learned public prosecutor submitted that the
petitioners are required for recovery of weapon and a fracture is
also caused to the defacto complainant and hence, the
application is opposed.
4. Learned counsel for the petitioners submitted that the
incident happened in front of the house of the first accused. It is
alleged that the defacto complainant was under the influence of
alcohol at the time offence and later, realising the mistake
committed by him, he settled the entire issues and both parties
have come to an amicable settlement. They are maintaining a
good relationship between each other now. Annexure I is an
affidavit sworn to by the defacto complainant and filed before
the Sessions Court, Kasaragod in the bail application filed by
him. It is also submitted that the petitioner is undergoing a
BA NO.3396/2008 2
training at ‘TELK’ and in case, he is remanded to custody his
future will be spoiled.
5. On hearing both sides, I find that anticipatory bail can
be granted. Hence, the following order is passed:
(i) The petitioners shall surrender before the
Investigating officer within ten days from today and make
themselves available for interrogation and co-operate with the
investigation.
(ii) The petitioners shall, in the event of their arrest by
the police, be produced before the Magistrate court concerned,
in accordance with law.
(iii) On production of the accused before the Magistrate
court they shall be released on bail on their executing bond for
Rs.25,000/- each with two solvent sureties each for the like sum
to the satisfaction of the court below on condition that they will
appear before the Investigating officer as and when directed by
him and co-operate with the investigation.
The petition is allowed.
K.HEMA, JUDGE
csl