IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1145 of 2010()
1. THANKAPPAN, AGED 75 YEARS,
... Petitioner
2. SATHEESH, AGED 40 YEARS,
3. SURESH, AGED 38 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1145 OF 2010
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Dated this the 25th day of March, 2010
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.3,
1 and 2 in Crime No.67 of 2010 of Koothattukulam Police Station,
Ernakulam District.
2. The offences alleged against the petitioners are under
Sections 447, 324 and 308 read with Section 34 of the Indian Penal
Code.
3. The first petitioner is the father of petitioners 2 and 3. It is
stated that the de facto complainant is the brother of the first
petitioner.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
B.A. NO. 1145 OF 2010
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5. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the injuries
sustained by the brother of the de facto complainant, I do not think it
is proper to grant anticipatory bail to petitioners 2 and 3. However,
taking into account the age of the first petitioner (75 years), the
relationship between the parties and also the attendant
circumstances, I am of the view that anticipatory bail can be granted
to the first petitioner.
6. There will be a direction that in the event of the arrest of the
first petitioner, the officer in charge of the police station shall release
him on bail on his executing bond for Rs.15,000/- with two solvent
sureties for the like amount to the satisfaction of the officer
concerned, subject to the following conditions:
a) The first petitioner shall report before the investigating
officer between 9 A.M. and 11 A.M. on alternate
Mondays for a period of two months;
b) The first petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The first petitioner shall not try to influence the
prosecution witnesses or tamper with the evidence;
B.A. NO. 1145 OF 2010
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d) The first petitioner 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 in the manner indicated above
in so far as it relates to the first petitioner (accused No.3) and it is
dismissed in so far as it relates to petitioners 2 and 3 (accused
Nos.1 and 2).
(K.T.SANKARAN)
Judge
ahz/