IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 5480 of 2009() ----------------------------- CRIME NO.1242 OF 2009 OF NORTH PARAVUR POLICE STATION. PETITIONER(S)/ACCUSED: --------------------------------------- 1. VISWANATHA MENON, ADVOCATE, MUNICIPAL COUNSELLORS, PARAVUR MUNICIPALITY, PANKAJ, KADAVATH ROAD, NORTH PARAVUR. 2. SOMAN MADHAVAN, AGED 37 YEARS, MUNICIPAL COUNSELLORS, KARAKKASSERY, MEKKATTUPARAMBIL, KOOTTUPALLI VILLAGE, PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S)/STATE: ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.1242 OF 2009 OF NOTH PARAVUR POLICE STATION) BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5480 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010. ORDER This is a petition filed under Section 438 of Criminal Procedure Code seeking anticipatory bail. 2. Petitioners are accused in Crime No. 1242 of 2009 of North Paravur Police Station for having committed offences punishable under Sections 342, 506(i), 427 and 353 read with Section 34 of Indian Penal Code. 3. The allegation against them is that they had become violent during the council meeting of Paravur Municipality. According to the petitioners, the investigation has progressed to a good extent and their custody is not necessary in this case. 4. Case Diary was made available for perusal by the learned Public Prosecutor. On going through the records, it is seen that a good part of the investigation is over and the allegations against the petitioners are not of serious nature. B.A.5480/2009. 2 Considering the above aspects, I feel that this is a fit case, where anticipatory bail should be granted to the petitioners. This application is allowed as follows: 1) Petitioners shall surrender before the JFCM, North Paravur within one week from today and move an application for regular bail, which the learned Magistrate will dispose of in accordance with law. 2) If, in the meanwhile, petitioners are sought to be arrested, they shall be released on bail on each of them executing a bond for a sum of Rs.5000/- with two solvent sureties each for the like sum each to the satisfaction of the investigating officer. 3) Petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.