IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 4018 of 2009() ----------------------------- CRIME NO.60 OF 2009 OF KUDIYANMALA POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. MANOJ THOMAS, S/O.THOMAS, 34 YEARS, RESIDING AT THANNICKAL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 2. ANEESH KURIAKOSE, S/O.KURIAKOSE, 29 YEARS, PULICKAL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 3. LIJO KUNNEL, S/O.JOY, AGED 23 YEARS, RESIDING AT KUNNEL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 4. JOSEPH KOTTUKAPPALLY, S/O.THOMAS, 52 YEARS, KOTTUKAPALLIKIL HOUSE, POST KUNIYANPUZHA, KANNUR DISTRICT. 5. JINTO JOY, S/O.JOY, AGED 23 YEARS, RESIDING AT KUNNEL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 6. JOY KUNNEL, S/O.ANTONY, 50 YEARS, RESIDING AT KUNNEL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 7. TOMY MATHEW, S/O.MATHEW, S/O.43 YEARS, RESIDING AT CHEMAKALAYIL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 8. JOHNY MUNDACKAL, S/O.THOMAS, AGED 53 YEARS, RESIDING AT MUNDACKAL HOUSE, POST NELIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 9. ANOOP KURIAKOSE, AGED 20 YEARS, S/O.KURIAKOSE, RESIDING AT PULICKAL HOUSE, NELLIKUTTY, VIA. CHEMBERI, KANNUR DISTRICT. 10. MATHEW CHAMAKALA, S/O.AUGUSTINE, AGED 50 YEARS, RESIDING AT CHAMAKALA, POST NELLIKUTTY, VIA. CHEMBERI. BA NO.4018/2009 -2- 11. THANKACHAN, S/O.DHAMODARAN, AGED 49 YEARS, KANNOOPARAMBIL HOUSE, POST NELLIKUTTY. 12. ALEX MATHEW, S/O.MATHEW, AGED 20 YEARS, CHAMAKAMALAYIL, POST NELLIKUTTY. 13. BINOY AUGUSTINE, S/O.AUGUSTINE, AGED 37 YEARS, POST NELLIKUTTY, VIA. CHEMBERI. 14. THOMAS, S/O.JOSEPH, AGED 46 YEARS, KUZHIMACKAL HOUSE, POST NELLIKUTTY, VIA. CHEMBERI. 15. SANOJ JOSE, S/O.JOSE, AGED 26 YEARS, RESIDING AT MURIKKUMTHOTTATHIL HOUSE, POST NELLIKUTTY. 16. BIJU JOSE, S/O.JOSE, AGED 28 YEARS, RESIDING AT NELLIKKATHADATHIL HOUSE, POST NELLIKUTTY, CHEMBERI VIA. 17. DEPU JOSE, S/O.JOSE, AGED 29 YEARS, RESIDING AT CHANDIKOLLY, POST CHUNDAKKUNNU. 18. JUSTISON CHANDIKOLLY, S/O.JOSEPH, AGED 23 YEARS, RESIDING AT CHANDIKOLLY, POST CHUNDAKKUNNU. 19. SANOJ PAUL, S/O.PAUL, AGED 27 YEARS, ORATHEL HOUSE, POST CHUNDANKUNNU. 20. JAMES CHACKO, S/O.CHACKO, AGED 40 YEARS, KAVANDIYIL HOUSE, P.O.CHUNDANKUNNU. BY ADV. SRI.P.C.IYPE SRI.GEORGE MECHERIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. THROUGH THE STATION HOUSE OFFICER OF KUDIYAMALA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4018 OF 2009 ------------------------------------------------------ Dated this the 4th August, 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 15 and 17 to 21 in Crime No.60 of 2009 of Kudiyanmala Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 341, 324 and 326 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary. The Bail Application filed by the petitioners before the learned Sessions Judge under Section 438 of the Code of Criminal Procedure was dismissed by the order dated 7.7.2009. 4. The date of occurrence was on 16.5.2009, the date on which the results of the parliament election were declared. It is B.A. NO. 4018 OF 2009 :: 2 :: stated that the de facto complainant is an active worker of one political party and accused persons belong to the rival political party. The de facto complainant sustained injuries. It is submitted by the learned counsel for the petitioners that the case was foisted against the petitioners due to political rivalry. According to the counsel, there was jubilation on account of the victory of their candidate and at that time the crime was registered against the petitioners. 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 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 B.A. NO. 4018 OF 2009 :: 3 :: 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/