High Court Kerala High Court

Vinod vs State Of Kerala on 6 July, 2009

Kerala High Court
Vinod vs State Of Kerala on 6 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3312 of 2009()


1. VINOD, S/O.MAHESHAN, AGED 30 YEARS,
                      ...  Petitioner
2. VINESH, S/O.VISWANATHAN, AGED 26 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/07/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 3312 of 2009
                 ------------------------------------
                Dated this the 6th day of July, 2009

                             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. 1 and 3 in Crime No.513/2009 of Kollam East Police

Station.

2. The offences alleged against the petitioners are under

Sections 323, 324 and 308 read with Section 34 of the Indian

Penal Code.

3. The prosecution case is that the accused persons

attacked the defacto complainant with an iron rod and he

sustained injuries.

4. I have perused the case diary and also the wound

certificate.

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

B.A. No. 3312 / 2009
Page numbers

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, the
petitioners shall surrender before the Magistrate
concerned and seek regular bail or even before
that period.

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
scm