IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 748 of 2010()
1. VISHNU K.V.
... Petitioner
Vs
1. STATE OF KERALA TO BE
... Respondent
For Petitioner :SRI.N.M.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 748 of 2010
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Dated this the 22nd 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 petitioner is accused No.2
in Crime No.685/2009 of Alappuzha North Police Station.
2. The offences alleged against the petitioner are under
Sections 323, 324, 326 and 308 read with Section 34 of the
Indian Penal Code.
3. The prosecution case is that on 25.11.2009 at about
7.50 P.M., the accused persons assaulted the de facto
complainant. Accused No.1 attacked the de facto complainant
with a sword stick, which resulted in serious injuries on the de
facto complainant. The allegation against accused No.2 is that he
kicked the de facto complainant. The grievous hurt caused to the
de facto complainant is not attributable to the overt act done by
the petitioner.
4. In the facts and circumstances of the case, I am of the
view that anticipatory bail can be granted to the petitioner as
B.A. No. 748 of 2010 2
none of the serious injuries caused to the de facto complainant is
attributable to the overt acts done by the petitioner.
There will be a direction that in the event of the arrest of
the 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 petitioner 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 petitioner shall appear before the
investigating officer for interrogation as and when
required;
C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The 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 to the extent indicated
above.
K.T. SANKARAN, JUDGE
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