IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4857 of 2009() ------------------------------- CRIME NO. 372/2008 OF KADIRUR POLICE STATION .................... PETITIONERS/ACCUSED 1 & 3: --------------------------------------------- 1. MUHAMMED AASHIF K., S/O.POCKER, AGED 28 YEARS, PAINTER, KUNNUMMAL HOUSE, KADIRUR AMSOM, ANIKKAPOYIL 2. SIRAJ R., S/O.IBRAHIM, AGED 29 YEARS, RAYAROTH HOUSE, KADIRUR AMSOM, ANIKKAPOYIL DESOM. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4857 of 2009 ------------------------------------ Dated this the 28th day of August, 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 and 3 in Crime No.372/2008 of kadirur Police Station. 2. The offences alleged against the petitionersare under Sections 143, 147, 148, 324, 341 and 308 read with Section 149 of the Indian Penal Code. 3. I have perused the Case Diary. 4. 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 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: B.A. No. 4857 of 2009 2 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 ln