IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2637 of 2009() ------------------------------------- CRIME NO.72/2009 OF VITHURA POLICE STATION PETITIONERS ------------------------------- 1. JIDHIN @ CHINNU, AGED 23 YEARS, S/O.THULASIDHARAN, MUSAVARI HOUSE, NEAR VITHURA CHC HOSPITAL, VITHURA. 2. MANU, S/O.MANIYAN, 100 ACRES LAKSHAM VEEDU COLONY, VITHURA. 3. PRADEEP @ LUTTAPPI, S/O.SASI, 100 ACRES LAKSHAM VEEDU COLONY, VITHURA. 4. SUJITH, AGED 24 YEARS, S/O.SURENDRAN, SAJI BHAVAN, MANALAYAM, KOTTAMUKKU, VITHURA P.O. 5. BAIJU, S/O.KRISHNAN KUTTY, OOLANKUZHI.P.O., ETTANKALLU, CHAYAM, VITHURALA. BY ADV. SRI.S.RAJEEV RESPONDENT: ------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.72 OF 2009 OF VITHURA POLICE STATION). SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2637 of 2009 ------------------------------------ Dated this the 1st day of June, 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.4, 5, 6, 14 and 16 in Crime No.72/2009 of Vithura Police Station. 2. The offences alleged against the petitioners are under sections 143, 147, 148, 149 and Section 332 of the Indian Penal Code. 3. The prosecution case is that on 3/02/2009 at mid night, accused No.1 and 25 identifiable persons started dancing with the tune of the Ganamela in connection with the festival in Sree Bhadrakali Temple. The Sub Inspector of Police directed them to stop the dance. Thereupon, the accused persons pelted stones at the police party and thereby committed the offence. 4. 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 for a period of one month on their executing bond B.A. No. 2637 / 2009 2 for Rs.25,000/- 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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