IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 7779 of 2009() -------------------------------------- CRRIME NO.302/2009 OF KANNUR TOWN POLICE STATION. .......... PETITIONERS/ACCUSED ------------------------- 1. T.P.JIJIL, S/O.CHANDRAN, AGED 26 YEARS, THAYYIL HOUSE, PALLIKKUNNU AMSOM, KANNUR 2. SREENOJ P., S/O. GANESHAN, AGED 23 YEARS N.G.O.QUARTERS, SOUTH BAZAR, KANNUR. 3. K.VIJIL, S/O. NARAYANAN, AGED 24 YEARS, KUNHIPURAYIL HOUSE, PAPPINISSERI, KANNUR. BY ADVS. MR.M.RAMESH CHANDER MR.ANEESH JOSEPH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7779 of 2009 ------------------------------------ Dated this the 21st day of January, 2010 O R D E R When the Bail Application came up for hearing on 11/01/2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 6, 4 and 5 in Crime No. 302/2009 of Kannur Town Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 326, 452, 427, 308 and 395 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 08.06.2009, the accused persons attacked the District President and State Secretary of a Students Organization and destroyed their household articles and vehicles. 4. It is submitted by the learned counsel for the petitioners that accused Nos. 1 to 3 were arrested and they were later released on bail by this court. It is alleged that the Circle Inspector of Police had brutally manhandled them and they were admitted in the hospital as they sustained head injuries. This is B.A. No. 7779/2009 2 disputed by the learned Public Prosecutor. For the purpose of disposal of this Bail Application, it is not necessary to decide the correctness or otherwise of the allegations made by the petitioner. 5. The only allegation made against the petitioners is that they destroyed the household articles, car etc. There is no allegation that the petitioners caused any injury on the de facto complainant or his friend. There is no case that the petitioners made any physical attack on any person. 6. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 15th and 16th January, 2010. Post on 21.01.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.302/2009 of Kannur Town Police Station. The petitioners shall produce copy of this order before the investigating officer. ” B.A. No. 7779/2009 3 2. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 11/01/2010. 3. 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.15,000/- 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 Monday, 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; B.A. No. 7779/2009 4 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm