IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1517 of 2010()
1. RANEESH.P.V, S/O.O.P.KUNHIRAMAN,
... Petitioner
2. RAJIL.P.V, S/O.O.P.KUNHIRAMAN,
3. SANESH.P, S/O.BALAKRISHNAN.C,
4. AKHILESH.O.P,S/O.O.P.KUNHIRAMAN,
5. UMESH.C, S/O.PADMANABHAN.K,CHALLIIL
6. VIPIN.C.V, S/O.BALAKRISHNAN.P,
7. PRASANTH.V, S/O.KELOTH, KUNHIRAMAN,
8. RANJITH.K,S/O.KUNHIRAMAN.K, KALLORI
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.U.SHAILAJAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :31/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1517 OF 2010
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Dated this the 31st day of March, 2010
O R D E R
When the Bail Application came up for hearing on 24.3.2010,
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.1 to 8 in Crime No.171 of
2010 of Taliparamba Police Station.
2. The offences alleged against the petitioners
are under Sections 143, 147, 148, 341, 323, 324, 326
and 506(ii) read with Section 149 of the Indian Penal
Code.
3. The prosecution case is that on 21.2.2010, the
de facto complainant was attacked by the accused. The
allegation is that accused No.1 had beaten him with
hands, which resulted in an injury noted in the wound
certificate as “Traumatic perforation to the right ear
drum”. Accused No.2 had punched the de facto
complainant with a hitting block. It is alleged that the
other accused had also beaten the de facto complainant.
B.A. NO. 1517 OF 2010
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4. The learned counsel for the petitioners
submitted that the grievous hurt caused to the de facto
complainant is not attributable to any assault with any
dangerous weapon or any instrument or any other
weapon of offence and therefore, Section 326 of the
Indian Penal Code would not be attracted. He
contended that only an offence under Section 325 of the
Indian Penal Code would be attracted, which is bailable.
5. Tking into account the facts and circumstances
of the case, I am of the view that before disposing of the
Bail Application, an 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 AM on 26th
and 27th March, 2010.
Post on 31.3.2010.
It is submitted by the learned Public Prosecutor
that the petitioners will not be arrested until further
orders in connection with Crime No.171 of 2010 of
Taliparamba Police Station.
The petitioners shall produce copy of this order
before the investigating officer.”
B.A. NO. 1517 OF 2010
:: 3 ::
2. It is submitted by the learned counsel for the petitioners as
well as the learned Public Prosecutor that the direction in the order
dated 24.3.2010 has been complied with by the petitioners.
3. Taking into account the facts and circumstances of the
case, the nature of the offence and also taking note of the fact that
the direction in the order dated 24.3.2010 has been complied with
by the petitioners, 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
fors.15,000/- 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 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;
B.A. NO. 1517 OF 2010
:: 4 ::
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
ahz/