IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4776 of 2009() ----------------------------------- CRIME NO. 105/2009 OF CHITTARIKKALPOLICE STATION ...................... PETITIONERS/ACCUSED NOS.1 TO 4: -------------------------------------------------- 1. ABDUL JALEEL.M.K,S/O.ADBURAHIMAN, MOOLAKKADATH HOUSE,PERUMPATTA.P.O,KASARAGOD DISTRICT. 2. A.G.SULAIMAN,S/O.LATE KUNHABDULLA, ANCHILATH HOUSE,PERUMPATTA.P.O,KASARAGOD DISTRICT. 3. P.C.ISMAYIL,S/O.P.C.ASSAINAR,PERINNGALAM HOUE,PERUMPATTA.P.O,KASARAGOD DISTRICT. 4. P.NOUSHAD,S/O.KAREEM,KUTTOORILLATH HOUSE PERUMPATTA.P.O,KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M..S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27 / 08 / 2009 , THE COURT ON 27/08/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4776 of 2009 ------------------------------------ Dated this the 27th 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. The petitioners are accused Nos.1 to 4 in Crime No.105/2009 of Chittarikkal Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294 (b) and 332 read with Section 149 of the Indian Penal Code. 3. I have gone through the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence 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 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: B.A. No. 4776 of 2009 2 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 ln