IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3739 of 2009 CRIME NO.368 OF 2009 OF KARUNAGAPPALLY POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ MUNEER.E M.M.J.MANZIL, KALLELLIBHAGAM.P.O., KARUNAGAPPALLY, KOLLAM-690546. BY ADV. SRI.P.S.ABDUL KAREEM SRI.ABDUL HAFEELU O. RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3739 OF 2009 ------------------------------------------------------ Dated this the 28th July, 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 the first accused in Crime No.368 of 2009 of Karunagappally Police Station. 2. The offences alleged against the petitioner and others are under Sections 143, 147, 148, 323, 324, 308, 427 and 447 read with Section 149 of the Indian Penal Code. 3. The petitioner moved B.A.No.2376 of 2009 for anticipatory bail, which was disposed of by the order dated 11.6.2009. The order reads as follows: “The first accused in Crime No.368 of 2009 of Karunagappally Police Station has filed this application for anticipatory bail. The learned counsel for the petitioner submitted that the investigation is going on and that there is every likelihood of Section 308 of IPC being deleted from the offence alleged. It is submitted that this Bail Application may be closed with liberty to move a fresh Bail Application as and when it becomes necessary. B.A. NO. 3739 OF 2009 :: 2 :: The prayer is reasonable. The Bail Application is closed with liberty to move a fresh Bail Application, if it becomes necessary.” 4. It is alleged that Section 308 was not subsequently deleted. Apprehending arrest, accused Nos.10 and 11 filed B.A.No.2471 of 2009 for anticipatory bail. That Bail Application was allowed as per the order dated 15.6.2009. 5. The prosecution case is that on 18.4.2009, when a religious discourse at the office of ISM (Ithihadul Sublanil Mujahiddin) was going on, the accused persons who belonged to Sunni Group pelted stones on the gathering and thus committed the offence. 6. I have perused the case diary. The wound certificate would disclose only minor injuries. 7. 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 B.A. NO. 3739 OF 2009 :: 3 :: 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 for a period of one month on his executing bond for Rs.25,000/- 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 all 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; e) On the expiry of the period mentioned above or even before that period, the petitioner 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 ahz/