IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 2471 of 2009() -------------------------------------- CRIME NO.368/2009 OF KARUNAGAPPALLY POLICE STATION. PETITIONERS/ACCUSED10 TO 11: ------------------------------------------- 1. NOUSHAD, S/O.SAMOOTTY, AGED 24 YEARS, CHALILTHARAYIL CHEMATHARA VADAKKATHIL, EDAKULANGARA P.O., KARUNAGAPPALLY. 2. SHAJAHAN, S/O.SAMOOTTY, AGED 28 YEARS, CHALITHARAYIL CHEMATHARA VADAKKATHIL, EDAKULANGARA P.O., KARUNAGAPPALLY. BY ADV. SRI.S.SURAJ (KARUNAGAPPALLY) RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTD BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. K.S. SIVAKUMR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2471 of 2009 ------------------------------------ Dated this the 15th day of June, 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.10 and 11 in Crime No.368/2009 of Karunagappally Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308, 427 and 447 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 18/04/2009, when a religious discourse at the auspices of ISM (Ithihadual Sublanil Mujahiddin) was going on, the accused persons who belong to Sunni group pelted stones at the gathering and thereby committed the offences. 4. I have perused the case diary and wound certificate. The wound certificate would disclose only small lacerated injuries and tenderness. No serious injuries are noted therein. B.A. No.2471/ 2009 2 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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, the petitioners shall surrender before the Magistrate concerned and seek regular bail. B.A. No.2471/ 2009 3 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