VIJEESH ARUMUGHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. is filed by accused 1, 2 and 3 in crime No. 649/09 of North Paravur Police Station. B. A. No. 2530 of 2009 is filed by accused 1 to 5 in Crime No. 650/09 of North Paravur Police Station. 2. In Crime No. 649/09 the de facto complainant is one Sahadevan. The offences alleged against the accused persons in that crime are under Sections 143, 147, 452, 506 (i), 323 and 324 read with 149 of the Indian Penal Code. In crime No. 650/09, Vijeesh, who is the first petitioner in and who is the first accused in Crime No. 649/09, is the de facto complainant. The offences alleged against the accused persons in Crime No. 650/09 are under sections 143, 147, 148, 294 (b), 447, 323, 324, 326, 308 and 427 read with 149 of the Indian Penal Code.

(2.) THE learned counsel for the petitioners submitted that the rival parties are relatives and that the incident happened as a result of a dispute regarding a pathway. He submitted that now they have settled the matter and that is why he is appearing for the accused in both the crimes in the aforesaid bail applications.

(3.) TAKING into account the facts and circumstances of the case, the nature of the offences, 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 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 first petitioner in both the bail applications shall report before the investigating officer between 9 AM and 11 am 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. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above.