IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3527 of 2009()
1. KAVILAL, AGED 24 YEARS,
... Petitioner
2. KAVIJU, AGED 29 YEARS,
3. SANTHOSH, AGED 22 YEARS, S/O.BALAN,
4. SHEFIQUE, AGED 22 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/08/2009
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.3527 of 2009
---------------------------------------------
Dated this the 17th day of August, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.1 to 4 in Crime No.196 of 2009 of Ezhukone Police
Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 447, 294(b), 323 and 324 read with
Section 149 of the Indian Penal Code and Section 27 of the Arms
Act.
3. The de facto complainant is one Sunil. The date of
incident was on 29.3.2009. The crime was registered on
31.3.2009. The First Information Statement was recorded from
the Medical College Hospital, Thiruvananthapuram.
4. When the Bail Application came up for hearing on 29th
July 2009, the following directions were issued.
“4. The specific case of the petitioners is
that the de facto complainant sustained injuries in a
road traffic accident. The CD file does not show the
wound certificate. On 13.5.2009, the Sub InspectorBA No.3527/2009 2
of Police, Ezhukone has sent a letter to the
Superintendent of the Medical College Hospital,
Thiruvananthapuram, requesting to issue treatment
certificate. The treatment certificate is not seen in
the file. The photocopy of a discharge card is seen
at page Nos.25 and 26 of the CD file. The
discharge card shows that Sunil Ezhukone is the
patient. He was referred from the General
Hospital, Kollam to the Medical College Hospital,
Thiruvananthapuram. It is also recorded in that
discharge card as follows: “alleged C/O RTA”.
According to the counsel for the petitioners, this
would indicate that it is a case of road traffic
accident.
5. Learned public prosecutor will get
correct instructions as to the injuries sustained
and the treatment furnished to the de facto
complainant and also as to whether the de facto
complainant was admitted in the hospital on
account of a road traffic accident. Post on
17.8.2009.”
5. Today when the case was taken up, the learned public
prosecutor produced before the me the treatment certificate of
the de facto complainant in which it is seen that the de facto
complainant was referred from the General Hospital, Kollam and
that the case involved is a road traffic accident. Prima facie, the
contention of the petitioners appears to be probable.
6. 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
BA No.3527/2009 3
the 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 appear before the investigating officer
for interrogation as and when required;
b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioners shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) 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
csl