IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 6583 of 2011() ----------------------------- Crime No.873 of 2011 of Sasthamcotta Police Station, Kollam District. PETITIONERS : ACCUSED Nos.2, 3 AND 6 – 12: ----------------------------------------- 1. ANURAJ.R, AGED 19 YEARS, S/O. RADHAKRISHNAN, PARANKIMAM VILLAGE, MANAMPUZHA MURI, KUNNATHUR VILLAGE, KUNNATHUR TALUK. 2. SANTHOSH.S, AGED 19 YEARS, S/O. SASIDHARAN, SATHEESH BHAVANAM, VALIYAPADAM MURI, SASTHAMCOTTA, KUNNATHUR TALUK. 3. KIRAN CHRISTOFER, AGED 19 YEARS, S/O. CHRISTOFER, PRAMEELA MANDIRAM, MANAKKARA MURI, SASTHAMCOTTA, KUNNATHUR TALUK. 4. VINO VIJAY, AGED 19 YEARS, S/O. VIJAYAN, VIJAYA BHAVAN, MANAKKARA, SASTHAMCOTTA, KUNNATHUR TALUK. 5. GIRIKRISHNAN, AGED 19 YEARS, S/O. KRISHNAN KUTTY PILLAI, VARIKKAPLAVILAYIL, KOVOR MURI,MYNAGAPALLY VILLAGE, KUNNATHUR TALUK. 6. CHARISH.C. BABU, AGED 20 YEARS, S/O. CHANDRABABU,PLAVILA VEEDU, KAITHAKODU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK. 7. ANZAS.J, AGED 19 YEARS, JAMAL, PUTHUVILA KIZHAKKATHIL, AYIKUNNAM, SOORANADU SOUTH VILLAGE, KUNNATHUR TALUK. B.A.No.6583/2011 8. HARISH MUHAMMED, AGED 19 YEARS, S/O. HANEEFA RAWTHER,KUZHIVELIL VEEDU, PALLIMURI, PORUVAZHI VILLAGE, KUNNATHUR TALUK. 9. SUDHEESH.K, AGED 20 YEARS, S/O. KRISHNANKUTTY, SUDHEESH BHAVANAM, VALIYAPADOM MURI, WEST KALLADA VILLAGE. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATON, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6583 of 2011 ---------------------------------------------- Dated this the 05th day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 3 and 6 to 12 in Crime No.873 of 2011 of Sasthamcotta Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 326 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 26/08/2011, the following order was passed: “3. The prosecution case is that, on 03/08/2011 at 4 P.M., a clash took place between two groups of students in Devasom Board College, Sasthamcotta. The de facto complainant sustained injuries. He sustained fracture of left temporal bone. The allegation is that accused No.4 had beaten the de facto complainant with an iron rod which resulted in the fracture. The overt acts alleged against the petitioners are not attributable directly to the fracture sustained by the de facto complainant. Bail Appln.No.6583/2011 : 2 : 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 31/08/2011 and 01/09/2011. 5. Post on 05/09/2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.873 of 2011 of Sasthamcotta Police Station, till 07/09/2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 26/08/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 26/08/2011 has been complied with by the petitioners, I am of the view that Bail Appln.No.6583/2011 : 3 : 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 `10,000/- (Rupees Ten thousand only) 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 alternate Sundays for a period of two months. 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. Bail Appln.No.6583/2011 : 4 : 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 skj