IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6509 of 2011() ------------------------- CRIME NO.332/2011 OF BEKAL POLICE STATION KASARAGOD DISTRICT. PETITIONERS/ACCUSED --------------------- 1. JABIR, S/O. MUHAMMED, AGED 20 YEARS,MASTHUGUDDA HOUSE, BAKEL,PALLIKKARA P.O., PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 2. FASAL, MASTHUGUDDA HOUSE, BAKEL,PALLIKKARA P.O., PALLIKKARA VILLAGE,KASARAGOD DISTRICT. 3. NASIR, S/O.MUHAMMEDKUNHI,AGED 19 YEARS,MASTHUGUDDA HOUSE, BAKEL, PALLIKKARA P.O., PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 4. USMAN,S/O. ABDUL SALAM, AGED 21 YEARS,MASTHUGUDDA HOUSE, BAKEL,PALLIKKARA P.O., PALLIKKARA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6509 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners state that they are accused Nos.1 to 4 in Crime No.332 of 2011 of Bekal Police Station, Kasaragod District. The learned Public Prosecutor submitted that the second petitioner was deleted from the array of accused and at present, the first petitioner is accused No.1 and petitioners 3 and 4 are respectively accused Nos.2 and 3. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 20/08/2011, the following order was passed: “3. The date of occurrence was on 24.5.2011. The de facto complainant sustained fracture of 5th metacarpal of his right hand due to the alleged attack made by the accused. The learned counsel for the petitioners submitted that the dispute between the parties have been settled. Bail Appln.No.6509/2011 : 2 : The petitioners filed Crl.M.C.No.2049 of 2011 to quash the proceedings. Annexure A2 order dated 7th July, 2011, was passed in the Crl.M.C. stating that if the de facto complainant makes a statement before the learned Magistrate, the matter can be closed. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, petitioners 1, 3 and 4 should be directed to appear before the investigating officer. Accordingly, there will be a direction to them to appear before the investigating officer on 25th August, 2011. 5. Post on 31st August, 2011. It is submitted by the learned Public Prosecutor that petitioners 1, 3 and 4 will not be arrested in connection with Crime No.332 of 2011 of Bekal Police Station, Kasaragod, till 2.9.2011. Petitioners 1, 3 and 4 shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. They shall produce a copy of this order before the investigating officer.” 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 20/08/2011 has been complied Bail Appln.No.6509/2011 : 3 : with by petitioners 1, 3 and 4. 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 20/08/2011 has been complied with by the petitioners 1, 3 and 4, I am of the view that anticipatory bail can be granted to the petitioners 1, 3 and 4. There will be a direction that in the event of the arrest of petitioners 1, 3 and 4, 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 1, 3 and 4 shall appear before the investigating officer for interrogation as and when required; b) The petitioners 1, 3 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioners 1, 3 and 4 shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.6509/2011 : 4 : 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 skj True copy P.A. to Judge