IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4656 of 2009() ----------------------------------------- CRIME NO.168/2009 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS/ACCUSED: ------------------------------------- 1. DASAN, S/O.JOHNSON, FISHERMAN COLONY, CHERIYATHURA, THIRUVANNTHAPURAM. 2. SHAJAN, S/O.K.G.XAVIER OLG NAGAR, TC.44/844, VALIYATHURA, VALLAKADAVU PO. 3. BANJAMIN, S/O.ROBERT TC.44/84, KUZHIVILAKAM, VALIYATHURA PO, 4. SURESH S/O.VINCENT, TC.44/284, VALIYATHURA PO. 5. RAJAN, S/O.BENJAMIN, TC.44/371, VALIYATHURA PO. 6. YOHAN KENNADY, S/O.MICHEAL, TC.44/784, PUTHUVAL PURAYIDAM, VALLAKADAVU PO. 7. VIJI S/O.JEROM, TC.78/1922, AZHIVILAKOM PURAYIDOM, SHANGUMUGHAM, THIRUVANANTHAPURAM., BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANTS: ----------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. S.I.OF POLICE, VALIYATHURA POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4656 of 2009 ------------------------------------ Dated this the 26th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioner Nos. 1,2 ,4, 5 and 6 are respectively accused Nos. 13, 6, 3, 21 and 7 in Crime No.168/2009 of Valiyathura Police Station, Thiruvananthapuram. The rank of petitioner No.3 (Banjamin,S/o. Robert) and petitioner No.7 (Viji, S/o. Jerom) is not known to the petitioners. There are more than 200 persons suspected to be involved in the crime. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 283, 333,326,427 and 307 of the Indian Penal Code and Section 3 (1) of P.D.P.P. Act and Section 38 of Kerala Police Act. 3. The prosecution case is that on 05.04.2009, there occurred a clash between two groups of Christians at Valiyathura. It is alleged that police was also attacked. A Police Officer sustained grievous injury. The case is registered stating that about 200 persons are involved in the offence. B.A. No. 4656 / 2009 2 4. As per order dated 28/7/2009 in B.A. No.3618/2009 anticipatory bail was granted in favour of accused No.9. 5. Taking into account the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that the petitioners shall surrender before the investigating officer on any date between 7/9/2009 and 10/9/2009. 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.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 every Sunday, 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 B.A. No. 4656 / 2009 3 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm