IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 5919 of 2009() ----------------------------- CRIME NO.605/2009 OF CHADAYAMANGALAM POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. SHAFI, AGED 21 YEARS, S/O. FAZILUDHEEN THANMIPPURATHU VEEDU, MADANNADA,CHADAYAMANGALAM. 2. SAJAD, AGED 20 YEARS, S/O. SAINULABDEEN SAJAD MANZIL MADANNADA, CHADAYAMANGALAM VILLAGE. 3. SHAFEEQ, S/O. AMANULLA SUBAHANA MANZIL MADANNADA, CHADAYAMANGALAM. 4. NAJEEM, S/O. FAZILUDHEEN, KUNNUMPURATHU VEEDU, MADANNADA, CHADAYAMANGALAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.605 OF 2009 OF CHADAYAMANGALAM POLICE STATION) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5919 of 2009 --------------------------------------------- Dated this the 29th day of October, 2009 ORDER When the Bail Application came up for hearing on 16th October, 2009, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1, 3, 4, 7 and 8 in Crime No.605 of 2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. Learned counsel for the petitioners submits that the disputes between the parties have been settled. He relies on Annexures 1 and 2 affidavits sworn to by the deacto complainant and the other injured. 4. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, 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 BA No.5919/2009 2 direction to the petitioners to appear before the investigating officer at 9 A.M. on 22nd and 23rd October, 2009. Post on 29th October, 2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.605 of 2009 of Chadayamangalam Police Station.” 2. The learned counsel for the petitioners and the learned Public Prosecutor submitted that the petitioners have complied with the direction in the order dated 16.10.2009. 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 appear before the investigating officer for interrogation as and when required; BA No.5919/2009 3 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 csl