IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6860 of 2008() ----------------------------- CRIME NO.158/08 OF CHITTARIKKAL POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. MATHEW NIRAPPEAL, AGED 59 YEARS, S/O.JOSEPH, NIRAPPEAL HOUSE, PALAKUNNU, KASARAGODE DISTRICT. 2. SADAN, AGED 33 YEARS,S/O.KANNADATHU KUNJU, KOTTARATHUVALAPPIL, MANNATTIKAVALA, KASARAGODE DISTRICT. 3. SASI, AGED 43 YEARS, S/O.GOVINDA PODUVAL, THEKKEDATH HOUSE, CHITTARIKKAL, KASARAGOD DISTRICT. 4. RAMAKRISHNAN, AGED 43 YEARS, S/O.RAMAN NAMBIAR, PANAYAMTHATTA HOUSE, MARKILAKADU.P.O, KASARAGODE DISTRICT. 5. MANOJ.M., AGED 32 YEARS, S/O.MUTHIKKARAPALA, ELAYERITHATTU, KASARAGODE DISTRICT. 6. MADHU, AGED 30 YEARS,S/O.RAMACHANDRAN, CHILAMBIL, VAYAKARA, KANNUR DISTRICT. 7. SHIBU, AGED 28 YEARS, S/O.GOPALAN, KUNOOL HOUSE, PRAPOYIL, KANNUR DISTRICT. 8. CHANDRAN, AGED 42 YEARS, S/O.KRISHNAN, KUNNUSSERIL HOUSE, EDAVARAMPA, KANNUR DISTRICT. 9. SAJAN, AGED 36 YEARS, S/O.SREEDHARAN, PANJIPRA, PADIYOTTUCHAL, KANNUR DISTRICT. 10. SHAJI, AGED 42 YEARS, S/O.E.K.RAGHAVAN, VADAKKEDATHU HOUSE, CHOONDA, KANNUR DISTRICT. 11. K.V.LALU, AGED 43 YEARS, S/O.VASUKUTTY, KOTTARATHUVEEDU, CHITTARIKKAL, KASARAGODE DIST. 12. SUDHAN, AGED 30 YEARS, S/O.T.V.KRISHNANKUTTY, THENGANAN VEEDU, PRAPOYIL, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN BA No.6860/08 -2- RESPONDENT(S): COMPLAINANT & STTE --------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.158 OF 2008 OF CHITTARIKKAL POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6860 of 2008 --------------------------------------------- Dated this the 7th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341 and 308 read with Section 149 IPC. According to prosecution, on 12.10.2008, at about 1 p.m., petitioners who are activists of CITU, wrongfully restrained CW1, who is a worker of INTUC, and assaulted him and he sustained injuries. Petitioners are accused nos.1 to 5 and 7 to 13. 3. Learned counsel for petitioners submitted that petitioners are office bearers and employees of Neeleswaram Range Toddy Workers Co-operative Society. The society is disbursing highest wages and allowances in the State as evidenced by documents produced. But, during 'dry days', Independence day, Gandhi Jayandhi etc., no D.A. used to be given to workers. But, a demand was made by the workers in INTUC for disbursal of D.A. during such days and they conducted an agitation. Some toddy shops were forcibly closed BA No. 6860 /2008 2 down by them. In the course of this, assailants reached the shop of petitioners also and they trespassed into the shop and demanded them to close down the shop. They also committed mischief by destroying the article there and this was resisted. Petitioners did not assault the defacto complainant, but, in the course of the incident, defacto complainant and others would have sustained some minor injuries and they are aggressors. In respect of this, a crime was registered on the basis of a complaint given by the fifth accused against defacto complainant and others as crime no.163/08 before the same police station under Sections 143, 147, 148, 452, 294(b), 506(ii), 427, 323 and 324 read with Section 149 IPC. Copy of FIR is Annexure AIII. 5th and the 8th accused sustained injuries at the hands of defacto complainant and others and they were hospitalised and this fact will be revealed from the body note recorded in the bottom of FIS (Annexure AIII). 4. On hearing both sides, I find that the only non- bailable offence is under Section 308 IPC. No grievous hurt is sustained by defacto complainant. Considering the facts and circumstances of the case stated above, I find that it is only just BA No. 6860 /2008 3 and proper to grant anticipatory bail to petitioners. Hence, the following order is passed: Petitioners shall surrender before the Magistrate court concerned and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall co-operate with the investigation and report before the Investigating Officer as and when directed. (ii) Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl