IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7059 of 2009()
1. STANSILAVOSE,
... Petitioner
2. SHYLAN JOHN,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/01/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 7059 OF 2009
------------------------------------------------------
Dated this the 15th day of January, 2010
O R D E R
When the Bail Application came up for hearing on 5.1.2010,
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 and 3 in Crime No.
487/2009 of Kilikolloor Police Station.
2. The offences alleged against the petitioners
are under Sections 341, 294(b), 323, 324 and 308 read
with Section 34 of the Indian Penal Code and Section 27
of the Arms Act.
3. The date of occurrence was on 25.09.2009.
It is alleged that three persons including the de facto
complainant sustained injuries as a result of the attack
made by the accused persons.
4. The learned counsel for the petitioners submits
that in respect of the incident on 25.09.2009, another
crime was registered as Crime No. 486/2009, in which
B.A. NO.7059 OF 2009
:: 2 ::
the first petitioner is the defacto complainant. It is also
submitted that he sustained serious injuries including
fracture. The learned counsel also pointed out that even
before and after the incident on 25.09.2009, the first
petitioner was attacked by several persons including the
defacto complainant in the present case. It is also
pointed out that the wife of the second accused/second
petitioner had to approach this court in W.P. C. No.
30893/2009 for police protection for the life of herself
and her family members. The counsel also submits that
there are civil disputes pending between the parties.
After having heard the learned counsel for the
petitioners and the learned Public Prosecutor, 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 A.M. on 11th and 12th January,
2010.
Post on 15.01.2010.
It is submitted by the learned Public Prosecutor
that the petitioners will not be arrested until further
orders in connection with Crime No.487/2009 of
Kilikolloor Police Station.
B.A. NO.7059 OF 2009
:: 3 ::
The petitioners shall produce copy of this order
before the investigating officer.”
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 5.1.2010 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 5.1.2010 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 for Rs.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;
B.A. NO.7059 OF 2009
:: 4 ::
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
ahz/