IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 15TH AUGUST 2009 / 24TH SRAVANA 1931 Bail Appl..No. 5187 of 2009() ------------------------------------ CRIME NO. 267/2009 OF AREACODE POLICE STATION .................... PETITIONER/IST ACCUSED: ------------------------------------------ ABDUL JALEEL, S/O.VEERANKUTTY, PANIKKAPARAMBIL HOUSE, VADASSERI THOTTILANGADI POST, AREACODE VIA., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/COMPLAINANT AS STATE: ------------------------------------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, MANJERI, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009 ALONG WITH BA NO. 5189 OF 2009, THE COURT ON 15/08/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 5187 of 2009 & 5189 of 2009 ------------------------------------------------- Dated this the 15th day of September, 2009 O R D E R The first accused in Crime No.267/2009 of Areacode Police Station is the petitioner in B.A. No. 5187/2009. The second accused in Crime No. 267/2009 of Areacode Police Station is the petitioner in Bail Application No. 5189/2009. These Bail Applications are filed under Section 438 of the Code of Criminal Procedure for Anticipatory Bail. 2. The offences alleged against the petitioners are under Sections 332 and 307 of the Indian Penal Code. 3. The prosecution case is that on 25.08.2009, while the defacto complainant, a police constable, was on the Traffic Duty, he gave a signal to stop the lorry driven by the first accused. He did not stop the vehicle. On the other hand, he drove the lorry towards the defacto complainant. The second accused was escorting the lorry on a motor bike. The second accused hit the defacto complainant with the motor bike. The defacto complainant sustained injuries. 4. The petitioners put forward a different story. B.A. Nos. 5187 of 2009 & 5189 of 2009 2 According to them when the defacto complainant gave the signal to stop the vehicle, the first accused could not do so in the Traffic junction and he tried to park the vehicle on the side of the road. At that time, the defacto complainant came over there, pulled down the first accused and assaulted him. The local people, on finding the illegal acts of the police constable, responded. Fearing that complaint would be filed against the defacto complainant, the crime was registered against the petitioners. 5. The learned counsel for the petitioners also pointed out that on 28.08.2009, the first accused had filed a petition to the District Police Superintendent Malappuram narrating the actual incident. 6. While disposing of this Bail Application for Anticipatory Bail, it is not necessary to decide whether the case put forward by the defacto complainant or the case put forward by the accused persons is correct. 7. On a consideration of the facts and circumstances of the case, I am of the view that the petitioners are entitled to the relief of Anticipatory Bail. The apprehension of the petitioners that they would be manhandled, humiliated and harassed if they B.A. Nos. 5187 of 2009 & 5189 of 2009 3 are arrested,appears to be genuine and reasonable. Accordingly, 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 petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner 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