IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 5774 of 2009(B) ------------------------------------------ (CRIME NO. 834/09 OF PATHANAMTHITTA POLICE STATION) .......... PETITIONERS/ACCUSED NOS.9,2,3,4,5,6 AND 7: -------------------------------------------------------------------- 1. ARSHA M.SHAIJU, OTHIRATHU HOUSE,ELANTHOOR EAST P.O., VARIYAPURAM,PATHANAMTHITTA. 2. KUNJUMON, VAZHEAKLAM,KANNADY P.O., KAVALAM,ALEPPY. 3. ABHIJITH,S/O.K.N.SASIKUMAR, PADINJATTEL HOUSE,AZHOOR, PATHANAMTHITTA. 4. AKHIL KUMAR,S/O.RAJENDRAN PILLAI, KUZHIPARAMBIL HOUSE,AZHOOR, PATHANAMTHITTA. 5. KANNAPPAN @ NIRMAL.J,S/O.JANARDHANAN, KOCHUKUTTY THADATHIL,PARAKODU,ADOOR. 6. SOLAMON P.I.,S/O.JOY, KURIKULAM,MAKKAMKUNNU P.O., PATHANAMTHITTA. 7. JITH,S/O.RAJENDRAN, KOYIPPURATH VEEDU,AZHOOR, PATHANAMTHITTA. BY ADV. MR.ARUN.B.VARGHESE. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. B.A. NO.5774/2009-B: 2. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 5774 of 2009 ------------------------------------ Dated this the 21st day of October, 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.2, 4, 5, 3, 6, 7 and 8 in Crime No.834/2009 of Pathanamthitta Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 324 and 427 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 B.A. No. 5774 /2009 2 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