IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 9775 of 2011() ----------------------------- CRIME NO.250/2011 OF THIRUVAMPADY POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED : ---------------------------- 1. VINESH.C.P,S/O.PUSHPARAJAN,AGED 23 YEARS,CHALIL VEEDU,THIRUVAMPADY PO,KOZHIKODE. 2. ANVAR.P.A,S/O.ASSANKUTTY,AGED 25 YEARS, PARAKKAL VEEDU,THIRUVAMPADY PO,KOZHIKODE. 3. SADIQUE.P.S,SAIDALAVI,AGED 26 YEARS, PATHOORE VEEDU,THIRUVAMPADY PO,KOZHIKODE. 4. SHARAFUDEEN.K.A, S/O.LATE ALI, AGED 25 YEARS,KALEDY VEEDU,THIRUVAMPADY PO, KOZHIKODE. 5. HASHME ALI,AGED 22 YEARS, S/O.ALI,ELLIKKAL VEEDU,THIRUVAMPADY PO, KOZHIKODE. 6. T.K.SIVAN,AGED 34 YEARS,S/O.KEERAN, THERUPARAMBATH VEEDU,THIRUVAMPADY PO, KOZHIKODE. 7. FAIZAL .K.M,AGED 32 YEARS, S/O.LATE MAMMAD , KAMMIYIL VEEDU, THIRUVAMPADY PO,KOZHIKODE. 8. FIROZKHAN.U.B,AGED 23 YEARS, S/O.U.BEERANKUTTY,URUNNIYANPARAMBATHU VEEDU, THIRUVAMPADY PO,KOZHIKODE. 9. JOSE VARGHESE AGED 35 YEARS, S/O.LATE VARGHESE,KUZHIPPALLY VEEDU, THIRUVAMPADY PO,KOZHIKODE. 10. SAJI PHILIP,AGED 40 YEARS, S/O.LATE PHILIP, PURAYIDATHIL VEEDU, THIRUVAMPADY PO, KOZHIKODE. BY ADV. SMT.V.SHYLAJA SRI.A.T.ANILKUMAR BA 9775/11 RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KEARLA,REP.BY S.I. OF POLICE, THIRUVAMPADY POLICE STATION,KOZHIKODE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KEARLA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9775 of 2011 --------------------------- Dated this the 13th day of December, 2011 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 to 10 in Crime No.250 of 2011 of Thiruvampady Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 308, 341, 323 and 324 of the Indian Penal Code. 3. When the Bail Application came up for admission on 2.12.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of BA 9775/11 2 the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 7th and 8th December, 2011. 5. Post on 12th December, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.250 of 2011 of Thiruvampady Police Station, Kozhikode District, till 16th December, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 2.12.2011 has BA 9775/11 3 been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 2.12.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- (Rupees Ten Thousand only) 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 ; BA 9775/11 4 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 csl