IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3419 of 2009 CRIME NO.84 OF 2009 OF KANNUR CITY POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. NIYAS K.P., S/O.K.HAMEED, 20 YEARS, "ZAREES", ANDATHODE, NEAR KALLANCHERY PALAM, P.O.THAZHE CHOVVA, KANNUR. 2. JAMEEL V., S/O.JAMAL M.A., 20 YEARS, "FATHIMAS", URUVACHAL, P.O.CHOVVA, KANNUR. 3. MUBARACK P.P., S/O.MOHAMMEDKUNHI, 21 YEARS, P.P.HOUSE, POOVALAPPA, AYIKKARA, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENT: --------------- THE S.H.O., KANNUR CITY POLICE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3419 OF 2009 ------------------------------------------------------ Dated this the 6th July, 2009 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 3 in Crime No.84 of 2009 of Kannur City Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 341, 323 and 353 read with Section 149 of the Indian Penal Code. 3. The crime was registered on the basis of the petition filed by the Assistant Engineer, Electrical Section, Kerala State Electricity Board, Thayyil, Kannur, wherein it is stated that the accused persons attacked and caused hurt to the driver of the jeep in the Electrical Section. 4. I have perused the case diary. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. B.A. NO. 3419 OF 2009 :: 2 :: 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 bonds for Rs.25,000/- 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 ahz/