IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 2931 of 2009() ----------------------------- CRIME NO.695/2009 OF KALAMASSERY POLICE STATION PETITIONERS (S): ACCUSED NOS.6 TO 9 --------------------------------------------------------- 1. SIJO, S/O. JOSE, NADUVILAPARAMBU HOUSE, CHERANELLOOR, ERNAKULAM. 2. ANIRUDHAN, S/O. BABU, CHAKKERITHARA, CHERANELLOOR. 3. VIPIN JOSEPH, S/O. JOSEPH, KALLUNKAL HOUSE, CHERANELLOR, ERNAKULAM. 4. RAJEEV, S/O. RAJAN, MUNDAKKAPADAM, CHERANELLOOR, ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2931 of 2009 -------------------------------- Dated this the 24th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos. 6 to 9 in Crime No.695 of 2009 of Kalamassery Police Station. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 323, 324, 326, 341 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 4.5.2009, while the defacto complainant was in the school ground near Edappally church on the festival day, the accused persons came there. While the defacto complainant watched them, he was attacked by the accused persons asking why he was watching the accused persons. It is stated in the FI statement that when the defacto complainant was attempted to be attacked, he resisted and at that time, the knife in his hands came into contact with the body of one of the accused persons and he sustained injuries. Thereafter, all the accused persons manhandled the defacto complainant, hit with a stone and pelted stones. The defacto complainant sustained injuries including fracture of lateral wall of right BA No. 2931 /2009 2 orbit. The defacto complainant was taken to the hospital and he was examined at 1.40 a.m. on 5.5.2009. He was discharged from the hospital on the same date. 4. The learned public prosecutor in answer to the submission made by the learned counsel for the petitioners stated that the accused persons have no criminal antecedents. 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. 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 for a period of one month on their executing bond for Rs.50,000/- 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 BA No. 2931 /2009 3 prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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