IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3674 of 2009 CRIME NO.147 OF 2009 OF ERUMAPETTY POLICE STATION PETITIONERS/ACCUSED 9,11 & 12 ------------------------------------------------- 1. HASSAN,S/O.HAMSA,26 YEARS, PUTHANPEEDIKAYIL HOUSE,ARANGOTTUKARA, THIRUMITTAKODE,PALAKKAD DISTRICT. 2. HARRIS,S/O.SAIDALAVI,29 YEARS,VALAVATH HOUSE,EZHUMANGAD,ARANGOTTUKARA,THIRUMITTAKODE, PALAKKAD. 3. MUSTAFA,S/O.MOIDEEN HAJI,22 YEARS, POOVATHINKAL HOUSE,AZRANGOTTUKARA,THIRUMITTAKODE, PALAKKAD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERUMAPETTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3674 OF 2009 ------------------------------------------------------ Dated this the 8th 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.9, 11 and 12 in Crime No.147 of 2009 of Erumapetty Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 332, 353 and 427 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. 2 ½ year old child of the first accused Shahul Hameed was missing. Two days after the date of missing, dead body of the child was found. Jewellery of the child were found missing. Two of the neighbours were arrested on an accusation of having committed murder of the child. The accused persons in that case were brought to the scene of occurrence. The allegation is that at that time the accused persons reacted and tried to attack the accused persons in the murder case and pelted stones on the police jeep. It is stated that there was an allegation of delay in the arrest of the accused in the murder case. The learned counsel for the petitioners pointed out that local people were agitated over B.A. NO. 3674 OF 2009 :: 2 :: the delay in the arrest of the accused persons involved in the murder of the child and that resulted in the incident. 4. 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 petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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 ahz/