IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3707 of 2009 CRIME NO.397 OF 2009 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2: -------------------------------------------------- 1. MOHAMMED ASHRAF.A.V., AGED 50 YEARS, S/O.J.M.MOHAMMED KOYA, FRUIT MARCHANT, RESIDING AT KUNNAMKULAM HOUSE, CHERUVATHUR P.O., KASARAGOD DISTRICT. 2. ASHRAF C.H., AGED 37 YEARS, S/O.C.H.IBRAHIM, FRUIT MERCHANT, R/AT AMBALATHARA, PULLUR P.O., HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE: ----------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.397 OF 2009 OF HOSDURG POLICE STATION), KASARGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3707 OF 2009 ------------------------------------------------------ Dated this the 9th July, 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 the accused persons in Crime No.397 of 2009 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 353 and 294(b) of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The prosecution case is that while the officials of the Kasaragod Municipality were engaged in removing the unauthorised fruit stall run by the first petitioner in the pathway, they were obstructed by the accused persons from discharging their official duties and committed the offences under the above said sections. 4. I have perused the case diary. 5. Though I am reluctant to exercise the discretionary remedy in favour of the persons who indulge in taking law in their hands, taking into B.A. NO. 3707 OF 2009 :: 2 :: account the facts and circumstances of the case and also the fact that the first petitioner was conducting a small trade, by way of extreme leniency, I am inclined to grant bail 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.25,000/- 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 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/