IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2662 of 2009 CRIME NO.147 OF 2009 OF AREACODE POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. TELSON THOMAS, AGED 25 YEARS, S/O. THOMAS, MANHAKUZHIYIL HOUSE, PANAMBILAVU, P.O.AREACODE (VIA). 2. BAVA KALADY, AGED 58 YEARS, S/O. MUHAMMED, KALADY HOUSE, VETTILAPPARA P.O., AREACODE. 3. MATHEW @ JOY, AGED 51 YEARS, S/O. AUGUSTIE, KARUMBAYIL HOUSE, PANAMBILAVU, AREACODE. 4. ASSE JOSE, AGED 41 YEARS, S/O. JOSEPH, NARITHOOKIL HOUSE, THOTTUMUKKAM. 5. JOSEE JOSE, AGED 41 YEARS, S/O. JOSEPH, NARITHOOKIL HOUSE, THOTTUMUKKAM P.O., AREACODE. 6. BABU KAREREL, AGED 36 YEARS, S/O. PERAVAN KUTTY, KARAVAL HOUSE, VILAKUPARAMBU, VETTILAPPARA. BY ADV. SRI.T.R.JAGADEESH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, AREACODE POLICE STATION, MALAPPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2662 OF 2009 ------------------------------------------------------ Dated this the 27th 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 persons in Crime No.147 of 2009 of the Areacode Police Station. 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 326 read with Section 149 of the Indian Penal Code. 3. The wound certificate would disclose that the de facto complainant sustained injuries due to beating by hands and by kicking. The prosecution case is that the de facto complainant was attacked with a wooden reaper and iron rod. It has come out that the de facto complainant (O.J.Saji) is the accused in Crime No.143 of 2009, in which, accused Nos.4 and 5 herein are the de facto complainants. O.J.Saji has filed B.A.No.2476 of 2009. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I B.A. NO. 2662 OF 2009 :: 2 :: 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 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 all 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 ahz/