IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 3606 of 2009() ------------------------------------ CRIME NO.315/2009 OF AROOR POLICE STATION PETITIONERS/ ACCUSED NO.1-3: ---------------------------------------------------- 1. ANI C.K., S/O.KRISHNA PILLA, POLLATHU, AROOR PANCHAYATH WARD NO.20, AROOR P.O., CHERTHALA. 2. SAJITH, S/O.PURUSHOTHAMAN, MALIAKKAL, AROOR PANCHAYATH WARD NO.10, CHANDIROOR P.O. 3. NEELAMBARAN, S/O.VASU, KONATTUTHARA AROOR PANCHAYATH WARD NO.11, CHANDIROOR P.O. BY ADV. SRI.LIJU. M.P RESPONDENT/ COMPLAINANT: -------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, AROOR POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3606 of 2009 ------------------------------------ Dated this the 24th 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 3 in Crime No.315/2009 of Aroor Police Station. 2. The offence alleged against the petitioners and other accused is under Section 153 A of the Indian Penal Code. 3. It would appear that there is a dispute regarding a pathway in the locality where the incident occurred. One Abdul Kader is the aggrieved person in the dispute regarding the pathway. He has filed a civil suit. The second accused in the present case is one of the defendants in that suit. The suit is pending. The allegation in the present case is that accused Nos. 1 to 3, who are the workers of BJP and accused Nos.4 to 6, who are the workers of N.D.F have indulged in putting posters, making allegations against each other in such a manner so as to attract the offence under Section 153 A of the Indian Penal Code. B.A. No. 3606/ 2009 Page numbers 4. I have perused the Case Diary. 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 for a period of one month 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 report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; 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) On the expiry of the period mentioned above or even before that period, the petitioners shall B.A. No. 3606/ 2009 Page numbers surrender before the Magistrate concerned and seek regular bail. F) 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