IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3840 of 2009()
1. RENJITH, RENJITH BHAVANAM,
... Petitioner
2. SHERLY, SHIBU BHAVANAM,
3. SHAJAN,
4. SHIBU,
5. SHIJU,
6. RATHEESH,
7. SUMESH, SUMESH BHAVANAM,
8. CHINDU, CHINDU BHAVANAM,
9. SUMAN, SUMAN BHAVAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3840 of 2009
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Dated this the 16th day of July, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioners are the accused Nos.1
to 3, 5 to 7 and 9 to 11 in Crime No.250 of Anchalumoodu Police
Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149
of the Indian Penal Code.
3. The gist of the prosecution case is as follows: The defacto
complainant went to a toddy shop enquiring about his friends. At that
time, money was demanded by the accused persons from the defacto
complainant. He refused to pay. At that time, he was attacked by the
accused persons with bottles and by hand. He sustained injuries and
he was hospitalised. The wound certificate shows that he has stated to
the doctor that 40 persons attacked him. The injuries are not serious
in nature.
4. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained and other
circumstances, I am of the view that anticipatory bail can be granted
BA No.3840/2009 2
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 for a period of one month 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 report before the investigating officer
between 9 A.M. and 11 A.M. on all 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) On the expiry of the period mentioned above or even before that
period, the petitioners shall surrender before the Magistrate
concerned and seek regular bail;
f) 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