IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2931 of 2009()
1. SIJO, S/O. JOSE,
... Petitioner
2. ANIRUDHAN, S/O. BABU,
4. RAJEEV, S/O. RAJAN, MUNDAKKAPADAM,
3. VIPIN JOSEPH, S/O. JOSEPH,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.R.VINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2931 of 2009
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Dated this the 24th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioners are the accused Nos.
6 to 9 in Crime No.695 of 2009 of Kalamassery Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 144, 147, 148, 323, 324, 326, 341 and 307 read with
Section 149 of the Indian Penal Code.
3. The prosecution case is that on 4.5.2009, while the defacto
complainant was in the school ground near Edappally church on the
festival day, the accused persons came there. While the defacto
complainant watched them, he was attacked by the accused persons
asking why he was watching the accused persons. It is stated in the FI
statement that when the defacto complainant was attempted to be
attacked, he resisted and at that time, the knife in his hands came into
contact with the body of one of the accused persons and he sustained
injuries. Thereafter, all the accused persons manhandled the defacto
complainant, hit with a stone and pelted stones. The defacto
complainant sustained injuries including fracture of lateral wall of right
BA No. 2931 /2009 2
orbit. The defacto complainant was taken to the hospital and he was
examined at 1.40 a.m. on 5.5.2009. He was discharged from the
hospital on the same date.
4. The learned public prosecutor in answer to the submission
made by the learned counsel for the petitioners stated that the
accused persons have no criminal antecedents.
5. 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
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.50,000/- 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
BA No. 2931 /2009 3
prejudicial activity while on bail;
e) On the expiry of the period mentioned above, 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