IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3156 of 2009() -------------------------------------- CRIME NO.298/2009 OF PARIPPALLY POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 TO 4: ---------------------------------------------- 1. SATHEESAN, AGED 35 YEARS, S/O.GOPALAN, PADINJATTATHIL VEEDU, KAVADIKONAM, PARIPPALLY VILLAGE, KOLLAM DISTRICT. 2. JAYAPRAKASH @ JAYAN, AGED 28 YEARS, S/O.JANARDHANAN, JAYA BHAVAN, CHIRAKKARA, EDAVATTOM, KALLUVATHUKKAL P.O., KOLLAM DISTRICT. 3. DEEPU @ KUTTAN, AGED 25 YEARS, S/O.JOYKUTTY, DALIA BHAVAN, CHERRIKONAM, KANNANALLOOR P.O., KOLLAM DISTRICT. 4. DEEPUMON, AGED 25 YEARS, S/O.SURENDRA BABU, ROADVILA VEEDU, NEAR 'PARA', KALLUVATHUKKAL, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS : -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT. SRI .M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3156 of 2009 ------------------------------------ Dated this the 16th 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 petitioners are accused Nos.1 to 4 in Crime No.298/2009 of Parippally Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 294(b), 323, 332 and 427 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. According to prosecution, there arose a dispute when three passengers in the KSRTC bus started smoking while travelling in the bus. The driver of the bus stopped the vehicle and stated that he would not drive the vehicle if they continue smoking. At that time, the accused persons came there and attacked the driver. 4. 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 B.A. No. 3156 / 2009 2 them on bail for a period of one month 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 report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. 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