IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4340 of 2009 CRIME NO.133 OF 2009 OF MATTANNUR POLICE STATION PETITIONERS/ACCUSED 1,2,6 TO 16,18 TO 24 & 26 ----------------------------------------------------------------- 1. K.K.RAJENDRA PRASAD, S/O.NARAYANAN, AGED 27 YEARS, KUZHIKKAKATH HOUSE, PARAYANADU, CHAVASSERY AMSOM DESOM. 2. K.K.RAJEEVAN, S/O.NARAYANAN, AGED 31 YEARS, RESIDING -DO- 3. PRADEEPAN, S/O.NARAYANAN, AGED 37 YEARS, THARASSIPPARAMBA HOUSE, PARAYANADU, CHAVASSERY AMSOM DESOM. 4. BALAKRISHNAN, S/O.PADMANABHAN, AGED 44 YEARS, SHEEBA NIVAS, ATTYALAM, CHAVASSERY AMSOM. 5. VENUGOPAL, S/O.NARAYANAN, AGED 34 YEARS, BEEN BHAVAN, ATTYALAM, CHAVASSERY AMSOM. 6. RAVEENDRAN, S/O.GOPALAN NAMBIAR, AGED 46 YEARS, ATTYALATH HOUSE, ATTYALAM, CHAVASSERY AMSOM. 7. V.RAJEEVAN, S/O.GOVINDAN, AGED 32 YEARS, ATTYALATH HOUSE, CHAVASSERY AMSOM. 8. K.K.DAYANANDAN @ JAYAN, S/O.NARAYANAN, KUZHIKKAKATH HOUSE, PARAYANADU, CHAVASSERY AMSOM. 9. A.MANOJ, S/O.K.K.SASI, AGED 28 YEARS, IDIKKADU KUNNUMMAL HOUSE, IDIKKADU KUNNU, CHAVASSERY AMSOM. 10. N.BALAN, S/O.KRISHNAN, PARAMMAL HOUSE, ATTYALAM, CHAVASSERY. 11. K.K.RAJEESH, S/O.RAVI, AGED 28 YEARS, KALARKAVIL HOUSE, CHAVASSERY. 12. P.MANOHARAN, S/O.SANTHA, MUKHAPPARAMBA HOUSE, PARAYANADU, CHAVASSERY. 13. K.BABU, S/O.KUNHIRAMAN, KUNNUMMAL HOUSE, CHAVASSERY. 14. SUJITH.M.V., S/O.KUNHIRAMAN, GEETHA SADANAM, PARAYANADU, CHAVASSERY. 15. PRAKASHAN.K.P., S/O.GOVINDAN, KAVULLA PURAYIL HOUSE, PARAYANADU, CHAVASSERY. 16. LIJU.K.K., S/O.BALAKRISHNAN, AGED 29 YEARS, KIZHAKKE VEEDU, PARAYANADU, CHAVASSERY. 17. MAHESH.K.K., S/O.NARAYANAN, KUZHIKKAKATH HOUSE, PARAYANADU, CHAVASSERY. 18. AJAYAN.P., S/O.GOVINDAN, AGED 26 YEARS, KUNNUMMAL HOUSE, PARAYANADU, CHAVASSERY. 19. AYOOB.P.K., S/O.HAMSA, AGED 31 YEARS, PATTUVATH HOUSE, PARAYANADU, CHAVASSERY. 20. SHAJI.P., S/O.NARAYANI, AGED 31 YEARS, MUNDOTHIL HOUSE, PARAYANADU. 21. SHINOJ.P., S/O.MOHANAN, AGED 28 YEARS, MUNDOTHIL HOUSE, PARAYANADU. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4340 OF 2009 ------------------------------------------------------ Dated this the 6th August, 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, 2, 6 to 16, 18 to 24 and 26 in Crime No.133 of 2009 of Mattannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148 and 353 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. I have perused the case diary. 4. The incident occurred on the date of parliament election on 16.4.2009. The allegation is that about 50 persons on either side were involved in altercation and exchange of words. Though they were directed to disburse, they did not comply with the order. Stones were pelted against the police. The rear view mirror of a police jeep was destroyed. B.A. NO. 4340 OF 2009 :: 2 :: 5. 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.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 ahz/