IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3957 of 2009() ------------------------------------- CRIME NO.187/2009 OF ERAVIPURAM POLICE STATION, KOLLAM. PETITIONERS/ACCUSED: ------------------------------------ 1. SUDHEER (A1) S/O. HANEEFA, AGED 28 YEARS, VELIYIL VEEDU, S.K.N. NAGAR, KOLLAM. 2. SAFEER (A2), S/O. BASHEER, AGED 28 YEARS, PALA VILA, VADAKKATHIL, VADAKKAVILA P.O., KOLLAM. 3. MUHAMMED RAFI (A3) S/O. SHAHUL HAMEED, PUTHEN PURAYYIL, S.K.N. NAGAR, KOLLAM. 4. ANSHAD (A4), S/O.SKARIYA, AGED 21 YEARS, VELIYIL VEEDU, S.K.N. NAGAR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT/COMPLAINANT: --------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3957 of 2009 ------------------------------------ Dated this the 22nd day of 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.1 to 4 in Crime No.187/2009 of Eravipuram Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code. 3. Though the crime was registered under Section 379 of the Indian Penal Code as well, the learned Public Prosecutor submitted that Section 379 was deleted subsequently. 4. The prosecution case is that on 16/05/2009, while the defacto complainant and others were leading a procession, they were attacked by a group of persons and pelted stones against them. The defacto complainant belongs to a particular political party and it is alleged that the assailants may be having different political allegiance and that was why they attacked the procession. 5. I have perused the Case Diary. The wound certificate B.A. No.3957/2009 Page numbers does not show any serious injuries. 6. 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, 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 B.A. No.3957/2009 Page numbers 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 scm