IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5180 of 2009() ----------------------------------- CRIME NO.416/2009 OF VADAKKEKKAD POLICE STATION, THRISSUR. PETITIONERS/ACCUSED NOS. 1 TO 5: ------------------------------------------------------ 1. ABDUL RASAK, AGED 47 YEARS, S/O.MOHAMMED, THIYYATHAYIL HOUSE, POST. NHAMANANGAD, CHAVAKKAD TALUK. 2. NABIL, AGED 36 YEARS, S/O.KUNHI MUHAMMED, NEERATTIPARAMBIL, 'DO' 'DO' 3. SHAMIL, S/O.ABOOBACKER, THIYYATHAYIL HOUSE, 'DO' 'DO' 4. VINEESH, S/O.VELAYUDHAN, MANAYIL HOUSE, 'DO' 'DO' 5. SUHAIR, S/O.MUHAMMED KUTTY, KUNNAMBATHAYIL HOUSE, 'DO' 'DO' BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, VADAKKEKKAD POLICE STATION, THRISSUR DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTIR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5180 of 2009 ------------------------------------ Dated this the 15th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners were originally arrayed as accused Nos.1 to 5 in Crime No.416/2009 of Vadakkekkad Police Station, Thrissur. It is submitted by the learned Public Prosecutor that petitioner Nos. 2 and 5, who were respectively accused Nos.2 and 5 were deleted from the array of accused. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323,324 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the Case Diary. 4. The learned counsel for the petitioners pointed out that in respect of an incident occurred on 18/8/2009, Crime No.391/2009 was registered, wherein, the first petitioner is the defacto complainant. It is also submitted that there is a counter case registered as Crime No.392/2009 in respect of the incident B.A. No.5180 /2009 2 on 18/8/2009. It is also submitted that Crime No.393/2009 was registered at the instance of brother of the first petitioner. In the present case, namely, Crime No.416/2009, according to the petitioners, the defacto complainant belongs to a particular political party and the accused persons belong to rival political party. It is submitted that grave offences are included in the case on the basis of political influence. The injuries noted in the wound certificate have also been taken note of. 5. 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 to petitioner Nos.1,3 and 4. There will be a direction that in the event of the arrest of the petitioner Nos.1,3 and 4, 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) Petitioners 1,3 and 4 shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B.A. No.5180 /2009 3 B) Petitioners 1,3 and 4 shall appear before the investigating officer for interrogation as and when required; C) Petitioners 1,3 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence. D) Petitioners 1, 3 and 4 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 scm