IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 2989 of 2009() ----------------------------- CRIME NO.308/2009 OF MANJERI POLICE STATION PETITIONERS (S): ACCUSED --------------------------------------- 1. C.SUBRAMANIAN, S/O. KARI, CHOZHAKKAD HOUSE, VALLUVAMBRAM, MANJERI, MALAPPURAM DIST. 2. K. SHIBU, S/O. CHELLI, CHOZHAKKAD HOUSE, VALLUVAMBARAM, MANJERI, MALAPPURAM DIST. 3. UNNIKRISHNAN, S/O. CHOOLAN, CHOZHAKKAD HOUSE, VALLUVAMBARAM, MANJERI, MALAPPURAM DIST. 4. C. RATHEESH, S/O. GOPALANKUTTY, CHOZHAKKAD HOUSE, VALLUVAMBARAM, MANJERI, MALAPPURAM DIST. 5. C. MOHANAN, S/O. CHOOLAN, CHOZHAKKAD HOUSE, VALLUVAMBARAN, MANJERI, MALAPPURAM DIST. 6. C.SIVADASAN, S/O. KEERAN, CHOZHAKKAD HOUSE, VALLUVAMBARAM, MANJERI, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.2989 of 2009 ---------------------------- Dated this the 6th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.308 of 2009 of Manjeri Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 324, 326 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case in Crime No.308 of 2009 is that on 2.5.2009, the petitioners attacked the defacto complainant (Hassan) when he had come to his sister's house. The incident allegedly took place on 2.5.2009 at 11 P.M. The defacto complainant sustained grievous injuries. 4. Learned counsel for the petitioners pointed out that in respect of an incident on the same night, Crime No.309 of 2009 was registered against the defacto complainant and 4 others. In that case, the allegation is that the first petitioner and others were attacked by Hassan and his associates. Crime No.311 of 2009 was registered against Hassan and others in respect of an incident which took place BA No. 2989/2009 2 on 3.5.2009 at 4.00 A.M. The allegation in that case is that Hassan and others attacked the first petitioner and others at the hospital premises where they were admitted for treatment. 5. There are three crimes, one crime in which the petitioners are the accused persons and in two other crimes Hassan (defacto complainant) and his associates are the accused persons. The scene of occurrence in Crime Nos.308 of 2009 and 309 of 2009 are different though the allegation is that the incidents in those cases took place at about 11 P.M. on 2.5.2009. The allegation in Crime No.311 of 2009 is that the first petitioner was attacked while he was admitted in the hospital. On a perusal of the case diary, it is revealed that all these incidents allegedly happened on account of non payment of the money borrowed by Hassan's cousin from the second petitioner. 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 for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the BA No. 2989/2009 3 satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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 csl