IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Bail Appl..No. 6025 of 2009 CRIME NO.272 OF 2009 OF PAZHAYANGADI POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 9: -------------------- 1. M.K. SAYED, AGED 30 YEARS, CHERUTHAZHAM AMSOM, MANDOOR P.O. 2. MUSLIYARATH RAFI, AGED 25 YEARS, DO.........DO......... 3. SEEVAYEE ASIF, AGED 19 YEARS, DO..........DO............ 4. M.K. ERASHATH, AGED 19 YEARS, DO...........DO........... 5. THAZHATHAPURAL MURSOOK, AGED 22 YEARS, DO...........DO......... 6. C. HAXEEN, AGED 18 YEARS, S/O.MOHAMMED, CHOBAOON, DO... DO....... 7. M. MUJEEB, AGED 20 YEARS, S/O. KADER, MUDANTHAKATH, 8. RASHEED M. AGED 18 YEARS, KASI, MUDANTHAKATH. 9. N.P. FAYAZ, AGED 18 YEARS, NALLUPURAVEETTIL, DO.DO. BY ADV. SRI.P.M.HABEEB RESPONDENT: --------------- SUB INSPECTOR OF POLICE, PAZHAYAKADI POLICE, STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6025 OF 2009 ------------------------------------------------------ Dated this the 19th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 9 in Crime No.272 of 2009 of Pazhayangadi Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 6.10.2009, there was a clash between members of two political parties and the petitioners committed the offence. It is submitted that Crime Nos.271 and 272 of 2009 were registered in respect of the offence committed by the different political groups at different hours on the same day. 4. The de facto complainant has sustained fracture of left tibia. The allegation is that the first accused caused the injury by B.A. NO. 6025 OF 2009 :: 2 :: beating with an iron pipe. The injury sustained by the de facto complainant is not attributable to any of the overt acts allegedly committed by accused Nos.2 to 9. 5. Taking into account the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the first petitioner (first accused). Custodial interrogation of the first accused may be required in the case. If anticipatory bail is granted to the first accused, it would adversely affect the proper investigation of the case. However, I am of the view that anticipatory bail can be granted to petitioners 2 to 9 (accused Nos.2 to 9), in the facts and circumstances of the case. 6. There will be a direction that in the event of the arrest of petitioners 2 to 9 (accused Nos.2 to 9), the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 6025 OF 2009 :: 3 :: a) Petitioners 2 to 9 (accused Nos.2 to 9) shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; b) Petitioners 2 to 9 (accused Nos.2 to 9) shall appear before the investigating officer for interrogation as and when required; c) Petitioners 2 to 9 (accused Nos.2 to 9) shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 2 to 9 (accused Nos.2 to 9) shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is dismissed in so far as it relates to the first petitioner (accused No.1) and it is allowed in the manner indicated above, in so far as it relates to petitioners 2 to 9 (accused Nos.2 to 9). (K.T.SANKARAN) Judge ahz/