IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 8253 of 2011() ----------------------------- CRIME NO.436/2011 OF CHERUTHURUTHY POLICE STATION PETITIONERS/ACCUSED 1 TO 5 --------------------------------------- 1. IBRAHIM BADUSHAH, AGED 23 YEARS, S/O.MOHAMMED, ARANGOTTUPARAMBIL HOUSE, KUMARAPPANAL POST, VARAVOOR, THRISSUR DISTRICT. 2. SHAFEEK, AGED 20 YEARS, S/O.UMMER, MUNDANATTUPEEDIKAVIL HOUSE, VARAVOOR, THRISSUR DISTRICT. 3. FASALUL RAHMAN, AGED 18 YEARS, S/O.AZEEZ, KALLIONGAPADATHIL HOUSE, VARAVOOR, THRISSUR DISTRICT. 4. SEBIL, AGED 18 YEARS, S/O.ABDUL RAHIMAN, KALLINAPADATHIL HOUSE, VARAVOOR, THRISSUR DISTRICT. 5. RISHAD, AGED 18 YEARS, S/O.KABEER, PARAMEL HOUSE, VARAVOOR, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8253 of 2011 --------------------------- Dated this the 1st day of December, 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 5 in Crime No.436 of 2011 of Cheruthuruthy Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323 and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 21.11.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 4. Taking into account the facts and circumstances of the case and the nature of the BA 8253/11 2 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 25th and 26th November, 2011. 5. Post on 1st December, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.436 of 2011 of Cheruthuruthy Police Station, till 6th December, 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.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 21.11.2011 has been complied with by the petitioners. BA 8253/11 3 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 21.11.2011 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/- (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) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; BA 8253/11 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. K.T.SANKARAN JUDGE csl