IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3840 of 2009() ----------------------------- CRIME NO.250/2009 OF ANCHALUMOODU POLICE STATION PETITIONERS/ACCUSED NO.1-9 ---------------------------------------------- 1. RENJITH, RENJITH BHAVANAM, CHONAMCHIRA, PERINADU P.O., KOLLAM. 2. SHERLY, SHIBU BHAVANAM, CHONAMCHIRA, PERINADU P.O., KOLLAM. 3. SHAJAN, VATTATHRAMALAVILA VADAKKATHIL, CHONAMCHIRA, PERINADU P.O., KOLLAM. 4. SHIBU, VATTATHRAMALAVILA VADAKKATHIL, CHONAMCHIRA, PERINADU P.O., KOLLAM. 5. SHIJU, VATTATHRAMALAVILA VADAKKATHIL, CHONAMCHIRA, PERINADU P.O., KOLLAM. 6. RATHEESH, THOTTATHIL KIZHAKKATHIL, CHONAMCHIRA, PERINADU P.O., KOLLAM. 7. SUMESH, SUMESH BHAVANAM, CHONAMCHIRA, PERINADU P.O., KOLLAM. 8. CHINDU, CHINDU BHAVANAM, CHONAMCHIRA, PERINADU P.O., KOLLAM. 9. SUMAN, SUMAN BHAVAN, CHONAMCHIRA, PERINADU P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALAMOODU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3840 of 2009 ------------------------------- Dated this the 16th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 to 3, 5 to 7 and 9 to 11 in Crime No.250 of Anchalumoodu Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is as follows: The defacto complainant went to a toddy shop enquiring about his friends. At that time, money was demanded by the accused persons from the defacto complainant. He refused to pay. At that time, he was attacked by the accused persons with bottles and by hand. He sustained injuries and he was hospitalised. The wound certificate shows that he has stated to the doctor that 40 persons attacked him. The injuries are not serious in nature. 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 BA No.3840/2009 2 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 or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail; 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 csl