IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2727 of 2009 CRIME NO.269 OF 2009 OF RANNI POLICE STATION PETITIONERS/ACCUSED NO.1,3 & 4, --------------------------------------------------- 1. RAJAN,CHARIVUKALAYIL,EDATHARA, VADASSERIKKARA,RANNI TALUK,PATHANAMTHITTA DIST. 2. MONEY,CHARIVUKALAYIL,EDATHARA, VADASSERIKKARA,RANNI TALUK,PATHANAMTHITTA DIST. 3. VINEETHA,CHARIVUKALAYIL,EDATHARA, VADASSERIKKARA,RANNI TALUK,PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE CIRCLE INSPECTOR, RANNI POLICE STATION. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2727 OF 2009 ------------------------------------------------------ Dated this the 3rd June, 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, 3 and 4 in Crime No.269 of 2009 of Ranni Police Station. 2. The offence alleged against the petitioners is under Section 332 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 7.5.2009 at 11 PM, when the de facto complainant and the police party went to the house of the petitioners to arrest the accused in another crime, the petitioners and the other accused pelted stones and caused hurt to them who were discharging duty as public servants with the intention to prevent or disturb them from discharging their duty as public servants. Learned counsel for the petitioners submitted that the petitioners were unaware of the details of the other crime and that the allegations made against them are not correct. It is also submitted that subsequently, the policemen ransacked the house of the B.A. NO. 2727 OF 2009 :: 2 :: petitioners. Learned counsel for the petitioners submitted that the second accused was arrested and produced before Court and on the basis of the allegations made by him, a Commissioner was appointed to note the damage caused to the house and to the articles in the house of the petitioners. 4. Taking into account the facts and circumstances of the case, the nature of the offence 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.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; B.A. NO. 2727 OF 2009 :: 3 :: d) The petitioners shall not commit any offence or indulge in any 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 ahz/