IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6305 of 2011 CRMP.2308/2011 OF DISTRICT COURT, PALAKKAD CRIME NO.173 OF 2011 OF MANKARA POLICE STATION, PALAKKAD APPLICANTS/ACCUSED NO.1 TO 6 ------------------------------------------------ 1. ABDUL REHMAN,AGED 43 YEARS,S/O.SAIDALI, ARANJIPARAMBIL HOUSE,KIZHAKKUMPURAM POST, MANNUR VIA,PALAKKAD. 2. SAREENA,AGED 32 YEARS,W/O.ABDUL RAHMAN, ARANJIPARAMBIL HOUSE,KIZHAKKUMPURAM POST, MANNUR VIA,PALAKKAD. 3. SULAIMAN,AGED 55 YEARS,S/O.SAIDALI, NAJIMA COTTAGE, KIZHAKKUMPURAM POST, MANNUR VIA,PALAKKAD. 4. MOIDEENKUTTY,AGED 52 YEARS,S/O.KOYA, ARANJIPARAMBIL HOUSE,KIZHAKKUMPURAM POST, MANNUR VIA,PALAKKAD. 5. RAFI,AGED 26 YEARS,S/O.MOIDEENKUTTY, ARANJIPARAMBIL HOUSE,KIZHAKKUMPURAM POST, MANNUR VIA,PALAKKAD. 6. AMIR ABBAS,AGED 30 YEARS, S/O.A.K.MUSTHAFA,ATHIKKAL HOUSE, KIZHAKKUMPURAM POST,MANNUR VIA,PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I.OF POLICE,MANKARA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6305 of 2011 ------------------------------------------------------ Dated this the 20th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is stated in the Bail Application that the petitioners are accused Nos.1 to 6 in Crime No.173 of 2011 of Mankara Police Station, Palakkad District. Learned Public Prosecutor submitted that the second petitioner, Sareena, is deleted from the array of accused and, at present, she is not an accused. It is submitted that petitioners 1, 3, 4, 5 and 6 are respectively accused Nos.1 to 5. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 341, 506(ii), 294(b) and 308 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Bail Appl. NO.6305 of 2011 :: 2 :: 4. When the Bail Application came up for admission on 9th August, 2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 16th and 17th August, 2011. 5. Post on 20th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.173 of 2011 of Mankara Police Station, Palakkad District, till 24th August, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners as Bail Appl. NO.6305 of 2011 :: 3 :: well as the learned Public Prosecutor that the direction in the order dated 9th August, 2011 has been complied with by the petitioners. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 9th August, 2011 has been complied with by petitioners 1 and 3 to 6, I am of the view that anticipatory bail can be granted to them. There will be a direction that in the event of the arrest of petitioners 1 and 3 to 6, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1 and 3 to 6 shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, for a period of three months; b) Petitioners 1 and 3 to 6 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1 and 3 to 6 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1 and 3 to 6 shall not commit any offence or indulge in any prejudicial activity while on bail; Bail Appl. NO.6305 of 2011 :: 4 :: e) 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 and it is closed in so far as it relates to the second petitioner. (K.T.SANKARAN) Judge ahz/