IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928 Bail Appl..No. 7163 of 2006(A) ------------------------------ CRL.MC.1645/2006 of SESSIONS COURT, THALASSERY CRIME NO.148/06 OF KANNUR CITY POLICE STATION .................... : PETITIONER/ACCUSED: ------------------------------------ 1. ASHIM P., S/O.HASHIM, AGED 22 YEARS, SALI VILLA, AZAD ROAD, KODAPARAMBA, KANNUR-3. 2. NAVAS. C.P., S/O.MUHAMMADALI, AGED 24 YEARS, C.P. HOUSE, NEECHAL, KANNUR-3. 3. HISHAM S., S/O.SADIQUE, AGED 22 YEARS, SAIDARAKATH, KANNUR CITY, KANNUR-3. 4. RIYAS. K.P., S/O.KHADER, AGED 22 YEARS, KANATHUR WARD, KANNUR CITY, KANNUR-3. 5. JABBAR C.H., S/O.KHALID, AGED 25 YEARS, CHELLINTAVIDA, KANNUR CITY, KANNUR-3. BY ADV. SRI.P.M.PAREETH RESPONDENT: COMPLAINANT: ---------------------------------- STATE OF KERALA, REPRESENTED BY SHO KANNUR CITY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 7163 OF 2006 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 5TH DAY OF DECEMBER, 2006 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos.1, 2, 3, 5 and 6 in Crime No.148/06 of Kannur City Police Station for offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with section 149 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. Even though the learned Public Prosecutor opposed the application, having regard to the fact that there was a counter case with regard to the same occurrence registered as Crime No.147/06 before the same Police Station for offences including 308 IPC, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 10,000/- with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. BA.7163/06 2 2. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR,JUDGE. dsn