IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5259 of 2009 CRIME NO.416 OF 2009 OF VADAKKEKKAD POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- MUJEEB @ MUJEEB REHMAN, S/O.ABDUL SAMAD,KAVIL VALAPPIL HOUSE, CHAKKITHARA,NHAMANAYANGAD DESOM, VYLATHUR,CHAVAKKAD TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, VADAKKEKKAD POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5259 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.416 of 2009 of Vadakkekkad Police Station, Thrissur District. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. It is submitted by the learned counsel for the petitioner that as per the order dated 15.9.2009 in BA.No.5180 of 2009, anticipatory bail was granted by this Court to accused Nos.1, 3 and 4. 5. Taking into account the facts and circumstances of the B.A. NO. 5259 OF 2009 :: 2 :: 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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/