IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5080 of 2009() ----------------------------- CRIME NO.110/2009 OF VEEYAPARAM POLICE STATION, HARIPAD PETITIONERS: ACCUSED 1 & 2 -------------------------------- 1. SHAMSUDEEN, AGED 63 YEARS, S/O.ABOOBACKER, PALAYATHIL COLONY, VEEYAPURAM P.O., HARIPAD, ALAPPUZHA DISTRICT. 2. MUHAMMED MUSTHAFA, AGED 33 YEARS, S/O.SHAMSUDEEN, PALAYATHIL COLONY VEEYAPURAM P.O., HARIPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.A.MOHAMMED SRI.A.ABDUL LATHEEF RESPONDENT(S): COMPLAINANT --------------- 1. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VEEYAPURAM POLICE STATION, HARIPAD, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5080 of 2009 --------------------------------------------- Dated this the 9th 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 and 2 in Crime No.110 of 2009 of Veeyaparam Police Station, Haripad. 2. The offences alleged against the petitioners are under Sections 323, 326 and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 10.9.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of this Bail Application, there should be a direction to the petitioners to appear before the investigating officer. Accordingly, there will be a direction that the petitioners shall appear before the investigating officer on 23rd and 24th September 2009 at 9 A.M. The learned Public Prosecutor submits that the petitioners will not be arrested till then.” 4. The learned Public Prosecutor and the learned counsel for the petitioners submitted that the petitioners have complied BA No.5080/2009 2 with the direction. 5. 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 on their executing bond for Rs.15,000/- 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 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