IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6431 of 2009() ----------------------------------- CRIME NO. 802/2009 OF KADAKKAL POLICE STATION ........................... PETITIONERS/ACCUSED: ------------------------------------- 1. RAFEEK, S/O. ABDUL KARIM, SHAHABAS MANZIL KUMMIL MURI, KUMMIL VILLAGE, KOTTARAKKARA TALUK. 2. NIZAR, S/O. ABDULKARIM, NIJAS HOUSE, KUMMIL MURI, KUMMIL VILLAGE. 3. FOURUDHEEN, S/O. MUHAMMEDKANNU, FOUZIA MANZIL, KUMMILMURI, KUMMIL VILLAGE. BY ADV. SRI.SAJU.S.A RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6431 of 2009 ------------------------------------ Dated this the 25th day of November, 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 3 in Crime No. 802/2009 of Kadakkal Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 294(b), 452 and 506(ii) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 09.11.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 13th and 14th November, 2009. Post on 19.11.2009. B.A. No. 6431 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.802/2009 of Kadakkal Police Station, Kannur District. Hand over copy of this order to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 09.11.2009. 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.15,000/- 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 alternate Mondays for two months, till the final report is filed or until further orders; B.A. No. 6431 of 2009 3 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) 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 ln