IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5555 of 2009 CRIME NO.785 OF 2009 OF CHALAKKUDY POLICE STATION PETITIONERS/ACCUSED 4 TO 7 ---------------------------------------------- 1. HUSSAIN, S/O.POKKU, SUHARA MANZIL, CHIRAKKARA DESOM, PERAMBRA VILLAGE, THALASSERY TALUK. 2. ABDUL RAHIMAN, S/O.MAMMUTTY, M.K.HOUSE, CHIRAKKARA DESOM, PERAMBRA VILLAGE, THALASSERY TALUK. 3. AZIL, S/O.MOIDU, SUHARA MANZIL, CHIRAKKARA DESOM, PERAMBRA VILLAGE, THALASSERY TALUK. 4. ABDUTTY, S/O.MOIDU, KOTTEPRIL HOUSE, CHIRAKKARA DESOM, PERAMBRA VILLAGE, THALASSERY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5555 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 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.4 to 7 in Crime No.785 of 2009 of Chalakkudy Police Station. 2. The offences alleged against the petitioners are under Sections 418 and 420 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court having jurisdiction. The complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. 4. As per Annexure-I order dated 18.9.2009, anticipatory bail was granted in favour of the first accused after hearing the learned Public Prosecutor as well as the learned counsel for the de facto complainant. B.A. NO. 5555 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature of the offence and the circumstance that the first accused was granted anticipatory bail, 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 on their executing bond for Rs.10,000/- 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/