IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2470 of 2009() ------------------------------------ CRIME NO.147/2009 OF ERUMAPPETTY POLICE STATION. APPLICANTS/ACCUSED: ------------------------------------- 1. MOIDEEN @ MOIDU AGED 27 YEARS, S/O.HAMZA VALIYAPEEDIKAYIL HOUSE, THALI, TRICHUR DIST. 2. NOUSAH AGED 34 YEARS, S/O.YUSUF, KUNNATHUVALAPPIL HOUSE, VARAVUR, THALI, TRICHUR DIST. 3. SHAHUL HAMEED AGED 36 YEARS, S/O. YUSUF, KUNNATHUVALAPPIL HOUSE,VARAVUR, THALI, TRICHUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, ALONG WITH BA NO. 2944 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.2470 & 2944 of 2009 ------------------------------------------ Dated this the 9th day of June, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners in B.A. No. 2470/2009 are respectively accused Nos.2, 3 and 1 and the petitioners in B.A. No.2944/2009 are respectively accused Nos.4, 5, 6, 7,8 and 10 in Crime No.147/2009 of Erumappetty Police Station. 2. The offence alleged against the petitioners is under Sections 143, 147, 341, 323,332, 353, 427 read with Section 149 of the Indian Penal Code and Section 3(1) of the Prevention of Destruction of Public Property Act. 3. 2 ½ year old child of the first accused Shahul Hameed was missing. Two days after the date of missing, dead body of the child was found. Jewellery of the child were found missing. Two of the neighbours were arrested on an accusation of having committed murder of the child. The accused persons in that case were brought to the scene of occurrence. The allegation is that B.A. Nos.2470 & 2944 of 2009 2 at that time the accused persons reacted and tried to attack the accused persons in the murder case and pelted stones on the police jeep. It is stated that there was an allegation of delay in the arrest of the accused in the murder case. The learned counsel for the petitioners pointed out that local people agitated over the delay in the arrest of the accused persons involved in the murder of the child and that resulted in the incident. 4. 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 each 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. B.A. Nos.2470 & 2944 of 2009 3 C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Applications are allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm