IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 7599 of 2011() ----------------------------- Crime No.763 of 2011 of Vatakara Police Station, Kozhikode District. PETITIONERS/ACCUSED NOS.1 TO 8: --------------------------------------------------- 1. NAVAZ, SON OF AHAMMED, AGED 27 YEARS, RESIDING PULIYANTHATTIL HOUSE, THIRUVALLOR, VADAKARA, KOZHIKODE DISTRICT. 2. RAMEEZ, SON OF ABOOBACKER, AGED 25 YEARS, RESIDING AT THATTARATH HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. 3. ASHRAF, SON OF ABDUL KHADER, AGED 23, RESIDING AT PUTHIYOTTIL HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. 4. ANSIB, SON OF ABDUL KAREEM, AGED 21, RESIDING AT THIRUVANDOTH HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. 5. YAZIR, SON OF ABDUL HAMEED, AGED 20, RESIDING AT EROTH HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. 6. ISHRATH, SON OF KUNHABDULLA, AGED 19, PURERI HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. 7. ABUL RAUF, SON OF SUBAIDA, AGED 23, RESIDING AT MEETHALA KUNJIKANDIYIL HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. 8. KAREEM, SON OF ABDULLAH, AGED 22, RESIDING AT EDAKANDI THAZHEPOYIL HOUSE, THIRUVALLOOR, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.A.BALAGOPALAN RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7599 OF 2011 --------------------------------- Dated this the 14th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 8 in Crime No.763 of 2011 of Vatakara Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308 and 506(ii) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 3rd October, 2011, the following order was passed: “3. The date of occurrence was on 20.7.2011. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of B.A.No. 7599 OF 2011 2 the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 8th and 9th October, 2011. 5. Post on 14th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.763 of 2011 of Vatakara Police Station, till 18th October, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 3rd October, 2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 3rd October, 2011 has B.A.No. 7599 OF 2011 3 been complied with by the petitioners, 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 `10,000/- (Rupees Ten thousand only) 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 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 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) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. f) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A.No. 7599 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms