IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6437 of 2011() ----------------------------- CRIME NO.591/2011 OF VADAKKANCHERY POLICE STATION PALAKKAD DISTRICT PETITIONERS/ACCUSED NO.2,3,6,7,8,9 & 10. ----------------------------------------- 1. RAMACHANDRAN, AGED 48 YEARS, S/O.KUTTAN, RESIDING AT POOLACKALKUNDU HOUSE, THEKKEPOTTA (PO), PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 2. VINOD, AGED 35 YEARS, S/O.KUTTIKRISHNAN, RESIDING AT PATTOLA HOUSE, MANAPPADAM (PO), PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 3. SULFICKER, AGED 35 YEARS, S/O.ABDUL REHIMAN, RESIDING AT MAVADAYAN HOUSE, THACHANDADI-PUTHUKODE (PO), PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 4. HANEEFA, AGED 65 YEARS,S/O.CHEKUTTY, RESIDING AT THAHANADI HOUSE, PUTHUKODE P.O., PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 5. BIJUKUMAR, AGED 53 YEARS,S/O.VELAYUDAN, RESIDING AT PATTOLA HOUSE, MANAPPADAM P.O., PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 6. APPU, AGED 58 YEARS, S/O.VELAYUDAN, RESIDING AT THENGARA HOUSE, MANAPPADAM P.O., PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. B.A.6437/2011 7. CHELLAMANI, AGED 53 YEARS,S/O.CHINNAN, RESIDING AT MOTHAYAMKODE HOUSE, PUTHUKODE P.O., PUTHUKODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENTS: COMPLAINANT: --------------------------- 1. STATION HOUSE OFFICER, VADAKKANCHERY POLICE STATION, PALAKKAD DISTRICT, PIN-678101. 2. STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6437 of 2011 ---------------------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 3 and 6 to 10 in Crime No.591 of 2011 of Vadakkanchery Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 341, 323, 324, 308 and 294(b) read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 12/08/2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. On perusing the wound certificate it is seen that there are no serious injuries. 5. Taking into account the facts and circumstances of the case and the nature of 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 18/08/2011 and 19/08/2011. Bail Appln.No.6437/2011 : 2 : 6. Post on 25/08/2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.591 of 2011 of Vadakkanchery Police Station, till 27/08/2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 12/08/2011 has 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 12/08/2011 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 the 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: Bail Appln.No.6437/2011 : 3 : a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays for a period of three months 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 skj