IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3942 of 2009() ----------------------------- CRIME NO.133/09 OF MATTANNUR POLICE STATION PETITIONERS/ACCUSED -------------------------------------- PRADEEP KUMARP P.V.S/O.GOVINDAN, AGED 36 YEARS, MEETHALE VEEDU, PARAYANADU AMSOM, DESOM, BY ADV. SRI.CIBI THOMAS RESPONDENT(S): 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 BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------- B.A.No.3942 of 2009 ---------------------------- Dated this the 20th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.133 of 2009 of Mattannur Police Station. 2. The offences alleged against the petitioner 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. 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 petitioner. There will be a direction that in the event of the arrest of the BA No.3942 /2009 2 petitioner, the officer in charge of the police station shall release him on bail on his 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 petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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 csl