IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 7876 of 2011() ----------------------------- CRIME NO.1007/2011 OF KORATTY POLICE STATION, THRISSUR DT. PETITIONERS/ACCUSED NOS.2, 1 & 3: ------------------------------------------ 1. RAJESH.P.B., AGED 37, S/O.BHASKARAN, THEKKOOTT HOUSE, KALLOOR VADAKKUMURI VILLAGE, KATHIKUDAM DESOM, THRISSUR. 2. NOUSHAD.E.K., AGED 40, S/O.KOYA, ERAKKATH HOUSE, CHERUVALOOR P.O., KALLOOR VADAKKUMURI VILLAGE, KULAYIDAM DESOM, THRISSUR. 3. SUBRAN.P.P., AGED 52, S/O.P.K.PALLY, PONNETHUOOKUNNIL HOUSE, KADAKUTTY P.O., KALLOOR VADAKKUMURI VILLAGE, KAZHAKOOTTAM DESOM, THRISSUR. BY ADV. SMT.R.RANJINI RESPONDENT(S): COMPLAINANTS: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 011. 2. THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION-680 308. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7876 of 2011 --------------------------- Dated this the 3rd day of November, 2011 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.2, 1 and 3 respectively in Crime No.1007 of 2011 of Koratty Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 323, 324, 326 and 427 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 12.10.2011, the following order was passed : “3. Heard the learned counsel for the petitioners, the learned counsel for the de facto complainant, who is the petitioner in B.A.No.7804 of 2011, and the learned Public Prosecutor. 4. It is submitted by the counsel on BA 7876/11 2 either side that there are disputes between the owner of a factory and the people in the neighbouring area touching upon the functioning of the factory and discharging of effluents. Agitation is going on in the locality. Crime Nos.1006 of 2011 and 1007 of 2011 were registered in respect of the two incidents which took place on the same date. In Crime No.1007 of 2011, the petitioners are accused of attacking the members of the agitating group resulting in injuries to the de facto complainant, who is the petitioner in B.A.No.7809 of 2011. 5. 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, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 18th and 19th October, 2011. 6. Post on 24th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be BA 7876/11 3 arrested in connection with Crime No.1007 of 2011 of Koratty Police Station, till 28th October, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners 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 12.10.2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12.10.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. BA 7876/11 4 There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 alternate 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) 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