IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4084 of 2009() ----------------------------- CRIME NO. 280/2009 OF MATTANNUR POLICE STATION PETITIONERS/ACCUSED: -------------------------------------- 1. K.FAIZ, S/O.T.K.MUSTHAFA, FAZILA MANZIL, PERUVAL KARI, MATTANNUR MUNICIPALITY, KANNUR DISTRICT. 2. V.P.RAMEES, S/O.USMAN, KARIYIL HOUSE, PALOTTUPALLI, KOLARI, MATTANNUR P.O., KANNUR DISTRICT. BY ADVS. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZE PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4084 of 2009 ------------------------------------ Dated this the 29th 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 the accused Nos. 5 and 6 in Crime No.280/2009 of Mattannur Police Station. 2. The offences alleged against the petitioners are under sections 143, 147, 323, 324, 153 (A) and 308 r/w 149 of the Indian Penal Code. 3. The prosecution case is that on 14.07.2009, the defacto complainant, who is a Bus Conductor, was traveling with a girl in a car to Pazhassi Project Area. The accused persons intercepted and forcibly took the defacto complainant to several places and manhandled him. They also asked him as to how he could be in love with a Muslim girl. The petitioners were arrested on 14.07.2009. The petitioners were produced before the learned Magistrate on 15.07.2009 and they were remanded to judicial custody. B.A.No. 4084 of 2009 2 4. It is submitted by the learned counsel for the petitioners that mediators intervened and the disputes were settled. 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 appear before the investigating officer for interrogation as and when required; B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln