IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2691 of 2010() ----------------------------- CRIME NO.687/10 OF THRIKKAKKARA POLICE STATION, ERNAKULAM. (S): ACCUSED: ---------------------------- 1. E.A.BASHEER, AGED 42 YEARS, S/O.ALIYAR, PADANADU, EDACHIRA, THENGOD P.O., KOCHI. 2. DILEEP KUMAR K.T., AGED 32 YEARS, S/O.THAMPI, KEERIKATTIL HOUSE, THENGOD P.O., KOCHI. 3. E.B.SALAM, AGED 37 YEARS, S/O.BEERAN KUTTY, EDACHIRACKAL HOUSE, TENGOD P.O., KOCHI. 4. BABU P.K., AGED 39 YEARS, S/O.KUNJOL, PARUMULA, THENGOD, KOCHI. 5. ANWAR E.V., AGED 21 YEARS, S/O.BACKER, EDACHIRACKAL HOUSE, THENGOD P.O., KOCHI. 6. MOHAMMED ALI P.M., AGED 31 YEARS, S/O.MAMU, PUDUKKARA HOUSE, THENGOD, KOCHI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, (CRIME NO.687/2010 OF THRIKAKKARA POLICE STATION). PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2691 of 2010 ---------------------------------------------- Dated 24th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 141, 142, 143, 146, 147, 447 and 324 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act. 3. According to prosecution, a head load worker was taken to hospital due to severe chest pain, by his colleagues. He was admitted in the hospital and he died at the hospital. Therefore, petitioners (A1 to A7) along with other accused assaulted the Superintendent and other officials of the hospital and also committed mischief by damaging the articles. 4. Learned counsel for the petitioner submitted that a head load worker was admitted in hospital with severe chest pain, but duty Doctor was not available and he came only late to the hospital. The worker did not get any proper treatment and the mob was infuriated and something happened in the meanwhile. But, nothing was done intentionally by anyone, it is submitted. 5. Learned Public Prosecutor submitted that petitioners may be directed to appear before the Investigating BA NO.2691/10 2 Officer and co-operate with the investigation. Subject to that, he has no objection in granting bail to petitioners. 6. On hearing both sides, I am satisfied of the submissions made by the Public Prosecutor. Hence, the following order is passed : (1) Petitioners shall report before the Investigating Officer within seven days from today and co-operate with the investigation. (2) In the event of arrest, petitioners shall be released on bail, on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. (ii) Petitioners shall not commit any similar offence while on bail. (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs