IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 4989 of 2009() ------------------------------------ CRIME NO. 352/2009 OF MUNDAKKAYAM POLICE STATION ......................... PETITIONERS/ACCUSED: ---------------------------------- 1. K.E.A.AZIZ, KULANJIPARAMBIL HOUSE, MUNDAKAYAM, PRESIDENT VARIKKANI MUSLIM JAMA-ATH. 2. NAUSHAD, PALLICKAL HOUSE, RPC,PO, MUNDAKAYAM,. 3. ASHRAF, S/O. K.E.A.AZIZ, KULANJIPARAMBIL.H MUNDAKKAYAM. 4. LUKUMAN, S/O.K.E.A.AZIZ, KULANJIPARAMBIL.HOUSE, MUNDAKKAYAM 5. SIRAJ, S/O. KUNJUBAVA, VANDANPATHAL HOUSE, RPC.PO, MUNDAKAYAM. 6. RAHIM S/O,. ABDUL KARIM, RPC.PO, MUNDAKAYAM 7. SHAMSU, ABOOBAKER, PUTHUPARAMPIL, PUTHENCHANDA, MUNDAKAYAM 8. SHAMSEER, S/O.SHAMSU PUTHUPARAMPIL, PUTHENCHANDA, MUNDAKAYAM 9. ABDUL SALAM, S/O.MUHAMMED MUSALIYAR, HASEENA MANZIL, MUNDAKAYAM. 10. KALAVA NAZAR, S/O.ISMAIL, ANJILMOOTTIL, MUNDAKAYAM PO, BY ADVS. SRI.K.A.HASSAN SMT.JULIA PRIYA RESHMY RESPONDENT: --------------------- STATE OF KERALA REPRESENTED BY S.I.OF POLICE, MUNDAKAYAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4989 of 2009 ------------------------------------ Dated this the 29th day of September, 2009 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. 1 to 10 in Crime No. 352/2009 of Mundakkayam Police Station. 2. The offences alleged against the petitioners are under Sections 147, 148, 323, 324, 452, 427 and 506(ii) read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 15.09.2009, after hearing the learned counsel for the petitioners and the learned Public Prosecutor, a direction was issued to the petitioners to appear before the Investigating Officer on 23rd and 24th September, 2009 for questioning. 4. The learned counsel for the petitioners submitted that the petitioners complied with the direction. The learned Public Prosecutor submitted that the petitioners appeared before the Investigating Officer as directed and they were questioned and their statements were recorded by the police. B.A. No. 4989 of 2009 2 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted 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 on their executing bond for Rs.15,000/- 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 appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. 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 ln