IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 106 of 2010() ---------------------------- CRIME NO.852/2009 OF KANNUR TOWN POLICE STATION .................... PETITIONERS (S): ACCUSED 1 TO 5 --------------------------- 1. FAROOQUE.K.P, S/O.V.T. FAROOQUE, K.P. HOUSE, THAYATHERU, KANNUR - 670 002. 2. THAHA RAZAL.P.K, AGED 26 YEARS, S/O. K. ISSAKUTTY, P.K HOUSE, NAR NALUPURA, KANNUR CITY - 670 003. 3. M. THANSERR, AGED 24 YEARS, S/O. MAJEED.K, MAHALIL HOUSE, KANNUR CITY - 670 003. 4. THAREQUE.A, AGED 18 YEARS, S/O. NOUSHAD, HAMD, KAZANAKOTTA, KANNUR. 5. MUHAS.C, AGED 24 YEARS, S/O. MOHAMMED RAFA, POTTACHILAGATH HOUSE, ANJUKANDY, KANNUR -17. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.106 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER 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.852 of 2009 of Kannur Town Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 435 and 323 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 14.1.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 19th and 20th January, 2010. The petitioners shall produce copy of the order before the investigating officer. Post on 25th January, 2010. BA No.106/2010 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.852 of 2009 of Kannur Town Police Station. ” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 14.1.2010 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 14.1.2010 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 the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.106/2010 3 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; 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