IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6526 of 2011() ----------------------------- CRIME NO.401/2011 OF NALLALAM POLICE STATION, KOZHIKODE .................... PETITIONERS: ACCUSED 1 TO 5 AND 7 ---------------------------------------- 1. BAIJU,S/O.AHMED KOYA, AMINA MANZIL,OLAVANNA,KOZHIKODE. 2. RIYAZ,S/O.ABOOBACKER,KOLLAKAM PARAMBIL HOUSE,PERUMANNA AMSOM,DESOM,KOZHIKODE. 3. JAMSHITHRAJ,S/O.MUHAMMED,JESNA MANZIL, VALAYANAD AMSOM, DESOM, KOZHIKODE. 4. SIBILAS,S/O.ABOOBACKER, KOLLAKAMPARAMBIL HOUSE,PERUMANNA AMSOM,DESOM, KOZHIKODE. 5. AJMAL ROSHAN,S/O.RAZAK,PATHARACKAL HOUSE PERUMANNA P.O, KOZHIKODE. 6. MOHAMMED SHERIFF,S/O.MOIDEENKOYA, ATTUPURAM HOUSE,POKKUNNU P.O, KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6526 of 2011 --------------------------- Dated this the 26th day of August, 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.1, 3, 2, 4, 5 and 7 respectively in Crime No.401 of 2011 of Nallalam Police Station, Kozhikode District. It is submitted by the learned counsel for the petitioners that accused No.4 (petitioner No.4) was arrested subsequently and therefore, this Bail Application is not maintainable in so far as the fourth petitioner is concerned. 2. The offences alleged against the accused are under Sections 143, 144, 147, 148, 452, 323, 324, 354, 427 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 17.8.2011, the following order was passed : “3. Heard the learned counsel for the BA 6526/2011 2 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, petitioners 1, 2, 3, 5 and 6 should be directed to appear before the investigating officer. Accordingly, there will be a direction to them to appear before the investigating officer on 22.8.2011 and 23.8.2011. 5. Post on 26.8.2011. It is submitted by the learned Public Prosecutor that petitioners No.1, 2, 3, 5 and 6 will not be arrested in connection with Crime No.401 of 2011 of Nallalam Police Station, till 27.8.2011. 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 BA 6526/2011 3 petitioners as well as the learned Public Prosecutor that the direction in the order dated 17.8.2011 has been complied with by petitioners 1, 2, 3, 5 and 6. 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 17.8.2011 has been complied with by petitioners 1, 2, 3, 5 and 6, I am of the view that anticipatory bail can be granted to them. There will be a direction that in the event of arrest of the petitioners 1, 2, 3, 5 and 6, 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) Petitioners 1 to 3, 5 and 6 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; BA 6526/2011 4 B) Petitioners 1 to 3, 5 and 6 shall appear before the investigating officer for interrogation as and when required ; C) Petitioners 1 to 3, 5 and 6 shall not try to influence the prosecution witnesses or tamper with the evidence ; D) Petitioners 1 to 3, 5 and 6 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 dismissed as regards accused No.4 and allowed in respect of the other accused. K.T.SANKARAN JUDGE csl BA 6526/2011 5 K.T.SANKARAN, J. --------------------------- B.A.No.6526 of 2011 --------------------------- Dated this the 17th day of August, 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.1, 3, 2, 4, 5 and 7 respectively in Crime No.401 of 2011 of BA 6526/2011 6 Nallalam Police Station, Kozhikode District. It is submitted by the learned counsel for the petitioners that accused No.4 (petitioner No.4) was arrested subsequently and therefore, this Bail Application is not maintainable in so far as the fourth petitioner is concerned. 2. The offences alleged against the accused are under Sections 143, 144, 147, 148, 452, 323, 324, 354, 427 and 308 read with Section 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, petitioners 1, 2, 3, 5 and 6 should be directed to appear before the investigating officer. Accordingly, there will be a direction to them to appear before the investigating officer on 22.8.2011 and 23.8.2011. BA 6526/2011 7 5. Post on 26.8.2011. It is submitted by the learned Public Prosecutor that petitioners No.1, 2, 3, 5 and 6 will not be arrested in connection with Crime No.401 of 2011 of Nallalam Police Station, till 27.8.2011. 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. K.T.SANKARAN JUDGE csl Hand over copy BA 6526/2011 8