IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5273 of 2009() ----------------------------- CRIME NO.315/2008 OF KANJIRAPPALLY POLICE STATION PETITIONER/6TH ACCUSED ------------------------------------------ ALEX J.EDAKKATTU, S/O.CHACKO, AGED 36, EDAKKATTU HOUSE, PALAPRA, EDAKUNNAM, KANJIRAPPALLY VILLAGE. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): COMPLAINANT ---------------------------------------------- THE DEPUTY SUPERINTENDENT OF POLICE, D C R B KOTTAYAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5273 of 2009 --------------------------------------------- Dated this the 17th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.315 of 2008 of Kanjirappally Police Station. 2. The offences alleged against the petitioner are under Sections 143, 145, 147 and 353 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the accused persons caused obstruction to the official duties of the survey officials as well as the police, in the matter of survey sought to be made for the purpose of construction of waste management disposal plant near Vizhikkathodu junction at Kanjirappally. The petitioner is an advocate by profession. The learned counsel for the petitioner submitted that an action council was formed against the construction of the waste management processing plant at the place in question. The petitioner claims that he is the Chief Patron of the action council. It is also submitted that W.P.(C) BA No. 5273/2009 2 No.6663 of 2008 was filed by the office bearers of the action council before the High Court challenging the decision to set up the solid waste disposal plant at the place in question. 4. I have perused the judges papers in W.P.(C)No.6663 of 2008. It is seen that the Writ Petition was filed much earlier to the date of incident in the present case. A Commissioner was appointed in the proceedings. An interim order dated 10.4.2008 was passed to the effect that if the Panchayath wants to proceed with the construction of the plant, the Panchayath shall obtain prior permission of the court for starting the construction. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No. 5273/2009 3 b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl