IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5568 of 2009() ----------------------------- CRIME NO.524/2009 OF CHADAYAMANGALAM POLICE STATION PETITIONERS/ACCUSED NOS.2,7 & 16 -------------------------------------- 1. SUJESH, S/O.MURALEEDHARAN ACHARI, PUTHUVILA PUTHEN VEEDU, OZHUKUPARAKKAL MURI, EDAMULAKKAL VILLAGE. 2. ANURAJ, S/O.THANKAPPAN ACHARI, KALLUVILA PUTHEN VEEDU, KIZHAKKEKKARA VAIKKAL MURI, EDAMULAKKAL VILLAGE. 3. BINU KUMAR, S/O.VASUDEVAN ACHARI, CHANDAVILA PUTHEN VEEDU, PERINGALLOOR, OZHUKUPARAKKAL MURI, EDAMULAKKAL VILLAGE. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5568 of 2009 --------------------------------------------- Dated this the 6th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 7 and 16 in Crime No.524 of 2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452, 427 and 308 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that as per the order in B.A.No.4598 of 2009, regular bail was granted in favour of accused Nos.1, 3, 4, 6, 8 and 10 to 15. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. The wound certificates do not disclose any serious injuries. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other BA No.5568/2009 2 circumstances, 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.25,000/- 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 report before the investigating officer between 9 A.M. and 11 A.M. on all 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