IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 9032 of 2011 CRIME NO.220 OF 2011 OF CHEEMENI POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------- 1. ANEESH.J,AGED 20 YEARS, S/O.V.M.JANARDHANAN,NEAR VITOBA TEMPLE, SOUTH BAZAR, PAYYANNUR,KANNUR. 2. DILEESH.M, AGED 22 YEARS, S/O.DAMODARAN.P, RESIDING AT VELLOOR, PAYYANNUR, KANNUR. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT: STATE -------------------- THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING CHEEMENI POLICE STATION. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9032 of 2011 ------------------------------------------------------ Dated this the 22nd day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.220 of 2011 of Cheemeni Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 324, 365 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 13th December, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. It is alleged that the incident took place as a consequence of students' politics. There was a call for a strike by one group. The defacto complainant belongs Bail Appl. NO.9032 of 2011 :: 2 :: to that group. While returning home, the defacto complainant was attacked by the accused, who belonged to the opposite group. It is submitted that no serious injuries were sustained by the defacto complainant. 5. 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, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 18th and 19th December, 2011. 6. Post on 22nd December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.220 of 2011 of Cheemeni Police Station, till 27th December, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. Bail Appl. NO.9032 of 2011 :: 3 :: The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 13th December, 2011 has been complied with by the petitioners. 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 13th December, 2011 has been complied with by the petitioners, 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 bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appl. NO.9032 of 2011 :: 4 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, 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/