IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 5785 of 2011() ----------------------------- (CRIME NO.453 OF 2011 OF KUMBALA POLICE STATION, KASARAGOD DT.) PETITIONERS/ACCUSED --------------------------------------- 1. ABDUL LATHIF, S/O.MOIDINKUTTY, RESIDING AT SHIRIYA, SHIRIYA P.O., KASARAGOD DISTRICT. 2. NISSAR AHAMED, S/O.ABDUL KHADER, J.M.ROAD, SHIRIYA, SHIRIYA P.O. KASARAGOD DISTRICT. 3. VELLACHI SIDIQUE, S/O.HASSAINAR, SHIRIYA, P.O.SHIRIYA, KASARAGOD DISTRICT. 4. FAROOK, S/O.ABDUL KHADER, J.M.ROAD, SHIRIYA, P.O.SHIRIYA, KASARAGOD DISTRICT. 5. UMARUL FAROOK, S/O.ABDUL RAHIMAN, MASJID QUARTERS, SHIRIYA, P.O.SHIRIYA, KASARAGOD DISTRICT. 6. MOHAMMED ANABAGILU, S/O.ABDUL RAHIMAN, ANABAGILU HOUSE, ARIKADY, P.O.KUMBLA, KASARAGOD DISTRICT. 7. ALI, S/O.MOHAMMED KUNHI, ARIKADY, P.O.KUMBALA, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS -2- Bail Appl..No. 5785 of 2011 RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KUMBALA POLICE STATION, (CRIME NO.453 OF 2011), KASARAGOD DISTRICT. ADDL.R3 IMPLEADED R3. SUBAIR, S/O.ABDUL KHADER, AGED 30 YEARS, ARIKKADI, NEAR KADAVU, KUMBALA POST, KASARAGOD. ( IMPLEADED AS PER ORDER DATED 4.8.2011 IN CRL.M.A.NO.4930 OF 2011) ADV. SRI.S.JIJI FOR ADDL.R3 BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5785 OF 2011 --------------------------------- Dated this the 22nd day of July, 2011 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 7 in Crime No.453 of 2011 of the Kumbala Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 308 read with 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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 B.A.No.5785 OF 2011 2 the petitioners to appear before the investigating officer on 27th and 28th July, 2011. 5. Post on 4th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.453 of 2011 of the Kumbala Police Station, till 4th August, 2011. The petitioners shall produce a copy of this order before the investigating officer. K.T.SANKARAN, JUDGE. cms