IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2630 of 2009() ------------------------------------- CRIME NO.64/2009 OF CHOMBAL POLICE STATION, KOZHIKODE PETITIONERS/ ACCUSED: -------------------------------------- 1. POOKKUNHI KOYA & OTHERS, S/O.K.P.ATTAKOYA THANGAL, 'RAMLAS', P.O.CHOMBALA, PIN 673 308. 2. V.K.ANIL KUMAR, VADAKEKANAVAYALIL, P.O.CHOMBALA, PIN 673 308. BY ADV. SRI.K.V.SOHAN RESPONDENT : -------------------------- STATE REPRESENTED BY S.H.O., CHOMBAL POLICE STATION (CRIME NO.64/2009) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2630 of 2009 ------------------------------------ Dated this the 28th day of May, 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 the accused in Crime No.64/2009 of Chombal Police Station. 2. The offence alleged against the petitioners is under section 3(1) 2(e) of the Prevention of Damage to Public Properties Act. 3. The prosecution case is that on 7/05/2009 a Hartal was declared by the United Democratic Front. At 7 A.M on that day, two identifiable persons pelted stones at KSRTC bus causing damage to the tune of Rs.30,000/-. F.I statement was given by the conductor of the bus. It is stated therein that two identifiable persons committed the offence. The CD file would reveal that two police constables stated before the Sub Inspector that petitioners are those persons. These police constables did not see the incident. They stated that people of the locality said so. None of them were questioned. The CD file does not disclose any material pointing out the complicity of the petitioners as of now. The petitioners apprehend arrest on an accusation of having B.A. No. 2630/ 2009 2 committed non bailable offence. 4. In the facts and circumstances of the case, I am of the view that the petitioners are entitled to get anticipatory bail. Accordingly, 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 for a period of one month on their 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 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. E) 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