IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5563 of 2009() ----------------------------- CRIME NO.119/2009 OF AMBALATHARA POLICE STATION PETITIONER : ACCUSED 1 TO 4 --------------------------------------------- 1. JASIR.T, S/O.AZEEZ, THALAYILLATH HOUSE, PARAPPALLY. 2. NOUSHAD A, S/O.ALI, PARAPPALLY. 3. BASHEER M, S/O.MOIDU PARAPPALLY. 4. SHABEER P.H, S/O.ABOOBACKER, PATTILLATH, PARAPPALLY. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SAMSHEER A.K., S/O.ABDUL KHADER KAYALADUKAM HOUSE, PARAKKALAI, BELUR VILLAGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5563 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.119 of 2009 of Ambalathara Police Station. 2. The offences alleged against the petitioners are under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that the disputes and differences between the defacto complainant and the accused were settled. An affidavit dated 14th September 2009 sworn in by the defacto complainant is filed by the petitioner along with Crl.M.A.No.5476 of 2009. The affidavit indicates that the matter was amicably settled between the parties. 4. Though the offence under Section 326 of the Indian Penal Code is not compoundable, taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioners as no custodial BA No.5563/2009 2 interrogation is required in the case. Accordingly, 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.10,000/- 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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