IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 4853 of 2009() ----------------------------- CRIME NO.769/2009 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED 1 TO 6 ---------------------------------------------- 1. RAHUL DAS, KUNNATH VEEDU, KUMBALAM, KOLLAM. 2. KEVIN, ANEESH BHAVAN, EAST KALLADA, KOLLAM. 3. ANEESH, ANEESH NIVAS, ONAMBALAM, EAST KALLADA, KOLLAM. 4. BABU, KUNNATH VEEDU, ONAMBALAM, KUMBALAM, KOLLAM. 5. RENI, LILLY SADANAM, ONAMBALAM, KOLLAM. 6. BIJU, KOYITHARA HOUSE, ONAMBALAM, KOLLAM. BY ADV. SRI. K.SHAJ SRI.L.RAJ MOHAN SRI.SAJJU.S RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4853 of 2009 --------------------------------------------- Dated this the 10th day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3, 7, 5 and 6 respectively in Crime No.769 of 2009 of Kundara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 323, 324 and 452 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 4. It is submitted by the learned Public Prosecutor that the second accused is involved in Crime No.82 of 2009 of Kundara Police Station where the offences alleged are under Sections 323 and 394 of the Indian Penal Code. 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 accused Nos.1, 3, 7, 5 and 6, who are respectively petitioners 1, 3, 4, 5 and 6. In view of the criminal antecedents of BA No.4853/2009 2 accused No.2 (petitioner No.2-Kevin), I am not inclined to grant anticipatory bail to him. There will be a direction that in the event of the arrest of petitioners 1, 3, 4, 5 and 6, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1, 3, 4, 5 and 6 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) Petitioners 1, 3, 4, 5 and 6 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1, 3, 4, 5 and 6 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1, 3, 4, 5 and 6 shall not commit any offence or indulge in any prejudicial activity while on 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 in the manner indicated above in so far as it relates to petitioners 1, 3, 4, 5 and 6 (accused No.1, 3, 7, 5 and 6) and it is dismissed in so far as it relates to the second petitioner (second accused). K.T.SANKARAN, JUDGE csl