IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 3126 of 2009 CRIME NO.383 OF 2009 OF VADAKARA POLICE STATION PETITIONERS: ACCUSED NOS.3 TO 6: -------------------- 1. FOULAD M, AGED 23 YEARS, S/O. MUSTAFA, MADAIKIL HOUSE, THODANNUR, VADAKARA-08. 2. FIJAS, AGED 21 YEARS, S/O. MUSTAFA, MADAIKIL HOUSE, THODANNUR, VADAKARA -08. 3. ANSEER NTK, AGED 21 YEARS, S/O. MOIDEEN, NADUTHALAKKAL THAZHEKUNI, THODANNUR, VADAKARA-08. 4. MUHAMMED K. AGED 21 YEARS, S/O. YUSUF, KAVUNTAMMAL, THODANNUR, VADAKARA-08. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENTS: --------------- 1. STATE OF KERALA, VADAKARA POLICE STATION, VADAKARA, KOZHIKODE. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3126 OF 2009 ------------------------------------------------------ Dated this the 25th June, 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.3 to 6 in Crime No.383 of 2009 of Vadakara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 448, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. It is stated that accused Nos.1 and 2 were released on bail. The incident occurred on the date on which the election results were declared. On a perusal of the case diary it is seen that the injuries are not very serious. 4. 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 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 B.A. NO.3126 OF 2009 :: 2 :: 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 petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. 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 Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/