IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2802 of 2009() ----------------------------- CRIME NO.178/2009 OF PERAMBRA POLICE STATION .................... PETITIONERS/ACCUSED NO.1,2,4 AND 5 ------------------------------------------------------ 1. CHERUKUPPAYIL MUHAMMED MKUNHI, S/O. LATE MOIDU, AGED 22 YEARS, CHERUKUPPAYIL HOUSE, KADIYANGADU.P.O., CHANGAROTH AMSOM, KOYILANDY, KOZHIKODE DIST. 2. VANNAN KUTTOYIL NAVAS, S/O. AMMAD, AGED 20 YEARS, VANNANKUNDIYIL HOUSE, KADIYANGADU.P.O., CHANGAROTH AMSOM, KOYILANDY, KOZHIKODE DIST. 3. JASHEER, S/O. SOOPY, AGED 22 YEARS, PACHILAKKAD MEETHAL KADIYANGADU.P.O., CHANGAROTH AMSOM, KOYILANDY, KOZHIKODE DIST. 4. JAMSHEERO, S/O. MOYDI, AGED 21 YEARS, OCHAROTH HOUSE, KADIYANGADY.P.O., CHANGAROTH AMSOM, KOYILANDY, KOZHIKODE DIST. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE S.I. OF POLICE, PERAMBRA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2802 of 2009 ------------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 5 in Crime No.178 of 2009 of Perambra Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. It is stated that the first petitioner was arrested on 20.5.2009 and he was released on regular bail. Therefore, this Bail Application in so far as it relates to the first petitioner has become infructuous. It is also stated that accused No.3 was arrested on 17.4.2009 and he was also released on bail. This Bail Application is being considered only in respect of petitioners No.2 to 4, who are accused Nos.2, 4 and 5. 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 No.2 to 4. There will be a direction that in the event of the arrest of the petitioners No.2 to 4, the officer in charge of the BA No. 2802/2009 2 police station shall release them on bail for a 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) Petitioners No.2 to 4 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) Petitioners No.2 to 4 shall appear before the investigating officer for interrogation as and when required; c) Petitioners No.2 to 4 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners No.2 to 4 shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, petitioners No.2 to 4 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 csl