IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6371 of 2009()
1. PAULOSE, S/O.KURUVILA, AGED 69 YEARS,
... Petitioner
2. BYJU, S/O.PAULOSE, VEENALIL,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.V.NANDAGOPAL NAMBIAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6371 of 2009
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Dated this the 1st day of December, 2009
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.672/2009 of Adimaly
Police Station, Idukki.
2. The offences alleged against the petitioners are under
Sections 323, 324, 394 and 450 read with Section 34 of the
Indian Penal Code.
3. When the Bail Application came up for hearing on
05/11/2009, the following order was passed:
“Petitioners herein are the father and brother of
the defacto complainant. Annexure-1 is an F.I.R.
registered against the defacto complainant in the
present case at the instance of the wife of the second
accused herein. Annexure-3 relates to Crime No.
674/2009 in which the first petitioner herein is the
defacto complainant and his daughter is the accused.
In view of the relationship between the parties,
B.A. No. 6371/2009
2
the learned counsel for the petitioners submitted that
he would explore the possibilities of a settlement
between the parties.
Post after two weeks.
The undertaking not to arrest the petitioners will
continue to be in force until further orders.”
4. It is submitted by the learned counsel for the
petitioners and the learned Public Prosecutor that the parties
have settled the disputes between them.
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
petitioners, the officer in charge of the police station shall release
them on bail on their executing a bond for Rs.10,000/- 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.A. No. 6371/2009
3
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
scm