IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 4953 of 2009 CRIME NO.358 OF 2009 OF KOYILANDY POLICE STATION PETITONER/ACCUSED NO.2 ------------------------------------------ RASHID, AGED 20 YEARS, 'MUHABBATH', NANDI, KATALOOR, KOYILANDY. BY ADV. SRI.P.SANJAY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4953 OF 2009 ------------------------------------------------------ Dated this the 28th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.358 of 2009 of Koyilandy Police Station. 2. The offences alleged against the accused persons are under Sections 143, 148, 448, 326, 506(ii) and 308 read with Section 149 of the Indian Penal Code. 3. The petitioner herein and seven others filed Crl.M.C.No.832 of 2009 before the Court of Sessions, Kozhikode Division praying for the grant of anticipatory bail. That application was disposed by the Sessions Court as per Annexure A order dated 30.6.2009. The prayer for anticipatory bail was granted in favour of petitioners 1, 3, 4, 6, 7 and 8 in the application before the learned Sessions Judge. However, anticipatory bail was refused to the petitioner herein and another on the ground that the petitioner is involved in other cases as well. B.A. NO. 4953 OF 2009 :: 2 :: 4. Learned counsel for the petitioner submitted that in the two cases in which the petitioner is involved, the offences alleged against the petitioner are only bailable offences. 5. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 4953 OF 2009 :: 3 :: 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 ahz/