IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4263 of 2009() --------------------------------------- CRIME NO.516/2009 OF KASARAGODE POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 6 --------------------------------------------- 1. ABDULLA @ ABDULLA KUNHI, AGED 56 YEARS, S/O.UMMER, PANALAM, CHEROOR, KASARAGODE TALUK. 2. MAHSHAN ALI, AGED 2O YEARS, S/O.ABDULLA @ ABDULLA KUNHI, RESIDING DO. 3. SHARAFUDDIN, AGED 28 YEARS, S/O.U. MOHAMMED KUNHI, RESIDING DO. 4. HARIS, AGED 25 YEARS, S/O.MOHAMMED KUNHI, RESIDING DO. 5. SALAM @ ABDUL SALAM, AGED 45 YEARS, S/O.MOHAMMED MUSALIYAR, RESIDING DO. 6. SAFWAN, AGED 23 YEARS, S/O.U.ABDUL KHADER, RESIDING DO. BY ADV. MR.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 4263 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 6 in Crime No.516/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Section 143, 147, 148, 341, 323, 324, 452 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner, the learned counsel defacto complainant and the learned Public Prosecutor. 4. I have perused the Case Diary. I have also particularly noted the injuries mentioned in the wound certificate. Both sides raised various contentions. It is not necessary to arrive at a finding on those contentions, while disposing of the application for Anticipatory Bail. 5. 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. There will be a direction that in the B.A. No. 4263 of 2009 2 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 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 ln