IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5064 of 2009() ------------------------------------ CRIME NO.595/2009 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS/ACCUSED: ---------------------------------------- 1. ASHRAF, S/O.ABDUL MAJEED NADAYARA AKKARAVILA VEETTIL, NADAYARA, CHEMMURUTHY VILLAGE. 2. NISHAD, S/O.NISSAM, NADAYARA BUNGLAVIL VEETTIL, NADAYARA CHEMMURUTHY VILLAGE. 3. NIYAS, S/O.NISSAM, NADAYARA BUNGLAVIL VEETTIL, NADAYARA CHEMMURUTHY VILLAGE. BY ADV. SRI.B.S.SWATHI KUMAR RESPONDENT/ACCUSED: --------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5064 of 2009 ------------------------------------ Dated this the 15th day of September, 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.1, 3 and 4 in Crime No.595/2009 of Varkala Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 324 and 427 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor and also perused the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 B.A. No. 5064 /2009 2 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 try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. K.T. SANKARAN, JUDGE scm