IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 6080 of 2009 CRIME NO.416 OF 2009 OF PONKUNNAM POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. K.K.NAZEER, AGED 52 YEARS, S/O.KASIM, KUZHIKKATTU PARAMBIL, CHIRAKKADAVU VILLAGE, VADAKKUMBAGAM, PONKUNNAM P.O., KANJIRAPPILLY TALUK,KOTTAYAM DISTRICT. 2. ABDULLA KUNJU, AGED 67 YEARS, S/O. HASANKUTTY, NIZAR MANZIL, CHIRAKKADAVU VILLAGE, VADAKKUMBAGAM, PONKUNNAM P.O., KANJIRAPPILLY TALUK KOTTAYM DIST. 3. HAMSA, AGED 50 YEARS, S/O. ALI SAHIB, CHIRAKKUZHY MANZIL, CHIRAKKADAVU VILLAGE, VADAKKUMBAGAM, PONKUNNAM P.O., KANJIRAPPILLY TALUK, KOTTAYM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6080 OF 2009 ------------------------------------------------------ Dated this the 22nd day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No.416 of 2009 of Ponkunnam Police Station. 2. The offences alleged against the petitioners are under Sections 353 and 506(ii) read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that the de facto complainant, an Upper Division Clerk of the Kerala Wakf Board had approached the police with the petition and the First Information Statement was recorded on 26.9.2009 in respect of the incident which allegedly occurred on 16.1.2009. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. NO. 6080 OF 2009 :: 2 :: 5. 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 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 ahz/