IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / \8TH JYAISHTA 1931 Bail Appl..No. 3207 of 2009() ------------------------------------ CRIME NO. 30/2009 OF HOSDURG POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ SALAM @ KOZHI SALAM, AGED 26 YEARS, S/O.KHADER @ ABDUL KHADER, KALOORAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT: STATE -------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3207 of 2009 ------------------------------------ Dated this the 18th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.30/2009 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is that while a cricket match was going on, there occurred a dispute between two groups. On getting information, the police reached the spot. The Sub Inspector of Police asked the organizers to stop the cricket match and at that time several persons pelted stones at the police. Since the number of police men was not adequate, the accused could not be arrested. The Sub Inspector of Police and the Police constable were admitted in the hospital. The Sub Inspector was treated as an out patient, while the police constable was an inpatient for one day. The injuries noted in the wound certificate are simple in nature. B.A. No. 3207/2009 2 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. B.A. No. 3207/2009 3 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 scm