IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5370 of 2009() ------------------------------------------ (CRIME NO.91 OF 2009 OF BEKAL POLICE STATION,KASARAGOD DISTRICT) ............. PETITIONER/ACCUSED: -------------------------------------- MUHAMMED HASHIM, S/O.KOTTIKULAM ABOOBACKER, PALLIKERA VILLAGE, P.O.MAVVAL, KASARGOD DISTRICT. BY ADV. MR.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT:STATE: -------------------------------------------------------------- STATION HOUSE OFFICER, BEKAL POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5370 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 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.5 in Crime No.91/2009 of Bekal Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324, 506(ii) and 308 read with Section 149 of the Indian Penal Code. 3. It is submitted that originally accused No. 5 was shown as Shafi. Later, on the basis of the statement of the defacto complainant that the name was wrongly shown, it was sought to be corrected as Hashim. The learned counsel for the petitioner submits that a totally different person is now introduced as an accused. The learned Public Prosecutor submitted that originally, in the F.I.R, the name of the 5th accused was shown as Shafi. For the purpose of disposing of this Bail Application, this controversy need not be settled. B.A. No. 5370 of 2009 2 4. The learned Public Prosecutor pointed out that as per order dated 24.04.2009 in Bail Application No. 1919/2009 this court had granted Anticipatory Bail to accused Nos. 1 and 3. 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 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. 25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner 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 B.A. No. 5370 of 2009 3 cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln