IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 5963 of 2009() ----------------------------- CRIME NO.327/2009 OF KUTTIADI POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------ 1. SIDDIQUE, AGED 19 YEARS, S/O.SOOPY, THAZHEKUNNINMEL, POOLAKKOOL P.O., KUTTIADI, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. RASHEED, AGED 21 YEARS, S/O.ABDURAHIMAN, KUNHIPARAMBIL HOUSE, POOLAKKOOL P.O. VATAKARA TALUK, KOZHIKODE DISTRICT 3. SOOPI, AGED 62 YEARS, S/O.ABDULLA, THAZHEKUNNINMEL, POOLAKKOOL P.O., KUTTIADI, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KUTTIADI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5963 of 2009 --------------------------------------------- Dated this the 6th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.327 of 2009 of Kuttiadi Police Station. 2. The offences alleged against the petitioners are under Sections 452, 326, 506(ii) and 427 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the brother-in-law of the first accused. The case put forward by the de facto complainant in the complaint filed by him before the Magistrate's court on 9.9.2009 is that he was attacked by the accused persons on 5.8.2009 and he has sustained injuries. In the accident-cum- wound certificate, the reason for sustaining the injuries is stated to be a fall from the terrace. The complaint was filed on 9.9.2009 and the FIR was registered on 10.9.2009. 4. Taking into account the facts and circumstances of the BA No.5963/2009 2 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.15,000/- 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 csl