IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6162 of 2009() ------------------------------------- Cr. NO.278/2008 OF ALAKODE POLICE STATION, KANNUR. PETITIONER/SACCUSED NO.1 TO 8: ------------------------------------------------ 1. T.G.VIKRAMAN, S/O.GANGADHARAN, AGED 44 YEARS, THEKKETHUNDUVILA HOUSE, KARUVANDHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 2. SAMEER @ SAHEER, S/O.KASIM,AGED 35 YEARS KALLOLIKKAL HOUSE, KARUVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 3. BEERAN @ BEERANKUTTY, S/O.MUHAMMED, AGED 36 YEARS, CHERIYANDEERAKATH HOUSE, KARVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 4. MANOJ, S/O.PUSHKARAN, AGED 25 YEARS, KALAYIMUKKU, KARVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 5. SHAFEEQUE, S/O.MOIDU, AGED 28 YEARS, CHEMBENTAKATH HOUSE, KARVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 6. SANTHOSH @ SANTHOSHKUMAR P.G., S/O.GOPALAN, AGED 43 YEARS, THALLADIYANKUNNEL HOUSE, KARUVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 7. JOBI, S/O.JOY, AGED 25 YEARS, POOVATHUPARAMBIL HOUSE, KARVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. 8. BENNY, S/O.CHACKO, AGED 45 YEARS, MAMPUZHAKKAL HOUSE, KARVANCHAL P.O., VELLAD AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: ---------------------------------------------- THE STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DT. REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6162 of 2009 ------------------------------------ Dated this the 25th day of November, 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 accused Nos. 1 to 8 in Cr. No.278/2008 of Alakode Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 143, 147, 148 and 506(ii) read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. When the Bail Application came up for hearing on 11/11/2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 18th and B.A. No. 6162 /2009 2 19th November, 2009. Post on 25/11/2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Cr.No.278 of 2008 of Alakode Police Station, Kannur District. The petitioners shall produce copy of this order before the investigation officer. ” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 11/11/2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted 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 a bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the B.A. No. 6162 /2009 3 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 alternate 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 scm