IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4223 of 2009() ---------------------------------------- CRIME NO.368/2008 OF CHELAKKARA POLICE STATION. .................... PETITIONERS/ACCUSED NOS. 1 TO 3, 6 AND 7: ------------------------------------------------------------------ 1. AJAYAN, S/O.KUNJAN, MANAKKATHODI HOUSE, THONOORKKARA VILLAGE, THOTTEKKADU DESOM, THRISSUR. 2. JINESH, KUMARAN, ASARIPURA HOUSE, THONOORKKARA VILLAGE, THRISSUR. 3. KABEER, S/O.ALAVI, THOTTEKKOTTUPEEDIKA HOUSE, THONOORKKARA VILLAGE, THRISSUR. 4. PUSHPPAN, S/O.MADHAVAN, THEKKEKARA HOUSE, THONOORKKARA VILLAGE, THRISSUR. 5. RAMESH, S/O.RAMAN, THAZHATHEKALAM HOUSE, THONOORKKKARA VILLAGE, THRISSUR. BY ADV. SRI.V.BINOY RAM RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4223 of 2009 ------------------------------------ Dated this the 31st day of July, 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 to 3, 6 and 7 in Crime No.368/2008 of Chelakkara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 452, 323, 324, 354 and 509 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that the case is foisted against the petitioners by the accused persons on account of political rivalry. In the F.I. Statement itself, it is stated that the accused persons committed the offence on account of political rivalry against the daughter-in-law of the defacto complainant, who was helping the candidates in the election. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 4223 / 2009 Page numbers 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 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 scm