IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 4184 of 2009() -------------------------------------- CRIME NO.194/2009 OF VELLARADA POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 4: -------------------------------------------------- 1. SHIBU, S/O.SATHYAN, SHIBU BHAVAN, NATTAPONGU, DHALUMUGHAM, THIRUVANANTHAPURAM. 2. SUNIL, S/O.JOHN, LEKSHAMVEEDU COLONY, NATTAPONGU, DHALUMUGHAM, THIRUVANANTHAPURAM. 3. RAJESH, S/O.THANKAPPAN, PALAYIL VEEDU, NATTAPONGU, DHALUMUGHAM, THIRUVANANTHAPURAM. 4. RENJITH, S/O.RAMACHANDRAN NAIR, VADAKKE VEEDU, DHALUMUGHAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHI KUMAR SMT.P.A.ANITHA RESPONDENT/ STATE: -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4184 of 2009 ------------------------------------ Dated this the 30th day of July, 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 to 4 in Crime No.194/2009 of Vellarada Police Station. 2. The offences alleged against the petitioners are under Sections 452 and 506(ii) of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The defacto complainant is a member of Dhalummugham Grama Panchayath. He contested for the election to the committee of Karikamancode Service Co-operative Bank. The election to the committee was on 28/06/2009. On 28/06/2009 at 9.30 A.M, the accused persons hurled some sort of explosive substances in front of his residence and shouted whether he would stand for elections any further. Thereafter, the accused persons left the place. 4. The learned counsel for the petitioners submitted that the case was foisted against them only on account of the B.A. No.4184/ 2009 Page numbers political rivalry. The petitioner is the Secretary of Reading Room and Library. The complainant was the former secretary of the Reading Room and Library. They belong to different political parties. The counsel also points out some instances of political rivalry between them, which are not relevant for the disposal of this Bail Application. 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 B.A. No.4184/ 2009 Page numbers 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 scm