IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7849 of 2009()
1. MUNIVARANAN, S/O. SUDHAKARAN,
... Petitioner
2. RAVU, S/O. KUMARAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.LIJU. M.P
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/04/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7849 of 2009
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Dated this the 7th day of April, 2010
O R D E R
When the Bail Application came up for hearing on
23.03.2010, 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.4
and 3 in Crime No.540 of 2009 of Kadakkavoor
Police Station.
2. The offences alleged against the
petitioners are under Sections 143, 144, 147, 148,
452, 323, 324 and 326 read with Section 149 of
the Indian Penal Code.
3. Heard the learned counsel for the
petitioners and the learned Public Prosecutor.
4. It is seen that the grievous hurt caused
to the de facto complainant was due to the assault
made by accused No.2 using an iron rod. The
grievous injuries sustained by the de facto
complainant is not attributable to any of the overt
acts done by accused Nos.3 and 4, who are the
petitioners in this Bail Application.
5. Taking into account the facts and
circumstances of the case, I am of the view that
before disposing of the Bail Application, an
B.A. No. 7849 of 2009 2
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 27.3.2010 and 28.3.2010.
The petitioners shall produce copy of this order
before the investigating officer.
Post on 7.4.2010.
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection with
Crime No.540 of 2009 of Kadakkavoor 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
23.03.2010.
3. 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
petitioners, the officer in charge of the police station shall release
them on bail on their executing bond for Rs.15,000/- each with
B.A. No. 7849 of 2009 3
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
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