IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 2801 of 2009 CRIME NO.1245 OF 2008 OF KUNDARA POLICE STATION CRMP.1123/2009 OF SESSIONS COURT, KOLLAM PETITIONERS/ACCUSED --------------------------------------- 1. SAJKUMAR,AGED 27 YEARS, S/O. CHARLY, KOCHUPOKA, MELATHIL, FATHIMA JUNCTION, PADAPPAKKARA, MULAVANA, KOLLAM. 2. BAIJU, SOLAMAN, AGED 28 YEARS, S/O. SO,AMAN, JOHN MANDIRAM, FATHIMA JUNCTION, PADAPPAKKARA, MULAVANA, KOLLAM. 3. JOSE, AGED 27 YEARS, S/O. YESUDASAN, LISSY BHAVAN, FATHIMA JUNCTION, PADAPPAKKARA, MULAVANA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COMPLIAINANT --------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2801 OF 2009 E ------------------------------------------------------ Dated this the 7th 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 accused Nos.3, 8 and 12 in Crime No.1245 of 2008 of Kundara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 294 (b), 332, 353 and 308 read with Section 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act, 1984. 3. Accused No.7 was granted anticipatory bail by this court as per the order in B.A.No.706 of 2009. Accused Nos.1 and 2 were granted anticipatory bail by the learned Sessions Judge, Kollam in Crl.M.P.No.568 of 2009. 4. 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 the petitioners. There will be a direction that in the event of the arrest of the petitioners, B.A. NO. 2801 OF 2009 :: 2 :: the officer in charge of the police station shall release them on bail for a period of one month 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) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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/