IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5343 of 2011() ----------------------------- CRIME NO.101/2011 OF KUDIYANMALA POLICE STATION, KANNUR PETITIONERS (S): ACCUSED 1-6 ------------------------------- 1. SABU MUNDUPALAM, S/O.KORA, AGED 45 YEARS, MUNDUPALAM HOUSE, MANDALAM P.O., NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MANI PALLATH, S/O.KUNHAMBU, AGED 46 YEARS, PALLATH HOUSE, MANDALAM P.O., NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. JOSHI THONAKKARA @ JOSEPH, S/O.ABRAHAM, AGED 44 YEARS, THONAKKARA HOUSE, MANDALAM P.O., NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. SAJI MADAVANA, S/O.JOSEPH, AGED 32 YEARS, MADAVANA HOUSE, MANDALAM P.O., NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. SUNNY VEMBADANTHARA, S/O.JAMES, AGED 35 YEARS, VEMBADANTHARA HOUSE, MANDALAM P.O., NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 6. VIJESH KUMAR, S/O.KUMARAN, AGED 28 YEARS, KAKKAMANI HOUSE, MANDALAM P.O., NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH BA 5343/2011 RESPONDENT(S): --------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O., KUDIYANMALA POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5343 of 2011 --------------------------- Dated this the 25th day of July, 2011 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 to 6 in Crime No.101 of 2011 of Kudiyanmala Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 294(b) and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 11.7.2011, the following order was passed : “3. The learned counsel for the petitioners submitted that Crime No.102 of 2011 was registered in which the injured persons are petitioners 1 and 2 herein. BA 5343/2011 2 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offences, 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 18.7.2011 and 19.7.2011. 6. Post on 22.7.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.101 of 2011 of Kudiyanmala Police Station, till 22.7.2011. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the BA 5343/2011 3 direction in the order dated 11.7.2011 has been complied with by the petitioners. 5. 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 11.7.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 petitioners shall not try to influence the prosecution witnesses or tamper with the evidence . BA 5343/2011 4 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 csl