NARAYANAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD both sides. This petition under section 438 of code of Criminal Procedure is filed by accused Nos. 1 and 2 in crime No. 59/2009 of Kidangoor Police Station alleging offences under sections 326 and 308 read with section 34 of Indian Penal code. The allegation is that on 17. 3. 2009 at about 6 p. m. due to previous enmity the petitioners attacked the defacto complainant with knife and iron rod. With regard to the same occurrence a counter case has been registered against the defacto complainant and others as Crime No. 58/2009 under sections 447, 323, 324, 326 and 308 read with section 34 of Indian Penal code. The learned counsel for the petitioners submitted that the defacto complainant in Crime No. 59/2009 has not sustained any serious injury in the incident. Now investigation is almost over except the arrest of the petitioners. Therefore granting of anticipatory bail will not adversely affect the investigation. Hence the petition is allowed. It is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for rs. 25,000/- each with two solvent sureties for the like sum to the satisfaction of the officer effecting arrest. The parties are directed to appear before the Investigating Officer as and when required.