IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 402 of 2009() ---------------------------- CRMP.27/2009 of DISTRICT COURT, KASARAGOD CR.NO.375/2008 OF KUMBLA POLICE STATION PETITIONERS/ACCUSED NOS. 1 TO 5 --------------------------------------------------- 1. HAKEEM, AGED 24 YEARS, S/O.MOHAMMED, MUKARIKKANDAM HOUSE, EDANAD POST & VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. ABDUL RAHIMAN, AGED 20 YEARS, S/O.MOHAMMED, MUKARIKKANDAM HOUSE, EDANAD POST & VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 3. LATHEEF, AGED 22 YEARS, S/O.ABDULLA KUNHI, MUKARIKKANDAM HOUSE, EDANAD POST & VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 4. ASHOKAN, AGED 22 YEARS, S/O.GOPALA MANIYANI, MUKARIKKANDAM HOUSE, EDANAD POST & VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 5. MUSTHAFA, AGED 19 YEARS, S/O.HAMEED, MUKARIKKANDAM HOUSE, EDANAD POST & VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.375 OF 2008 OF KUMBLA POLICE STATION), KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 402 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 324 and 452 read with section 149 IPC. According to prosecution, petitioners (A1 to A5) along with five others formed themselves into an unlawful assembly and committed house trespass into the quarters of de facto complainant and assaulted her using stick, etc. When neighbours intervened, accused left the place. 3. Learned counsel for petitioners submitted that this is an absolutely false case. This case is foisted because of political influence. Petitioners were originally workers of D.Y.F.I. and they joined the Muslim League. Therefore, a false case is registered against them. It is also submitted that no injury is sustained by de facto complainant, though she is allegedly assaulted by stick. 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer and co-operate with the investigation and subject to that, he has no objection in granting anticipatory bail. 5. On hearing both sides, I find that anticipatory bail can BA 402/2009 -2- be granted to petitioners and the following order is passed:- (1) Petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation. (2) Thereafter, in the event of their arrest, if any, they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioners shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.