IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2281 of 2009() -------------------------------- CRIME NO.168/2009 OF TIRURANGADI POLICE STATION .................... PETITIONRES/ACCUSED 1 TO 6: -------------------------------------------- 1. ANVAR SADATH, S/O.MUHAMMEDKUTTY, NARIYOOTTU MECHERI, ALINCHUVADU, MUNNIYOOR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. MUSTHAFA, S/O.ABDU CHONARI, PUVATHINGAL HOUSE, ALINCHUVADU, MUNNIYOOR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 3. FAISAL, S/O.ABDU CHONARI, PUVATHINGAL HOUSE, ALINCHUVADU, MUNNIYOOR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 4. THATTANCHERI KAREEM, S/O.SAIDU, THATTANCHERI, ALINCHUVADU, MUNNIYOOR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 5. MALIYEKKAL HAMZA, S/O.MUHAMMED MUSALIYAR EDAMBATTUKUNDU HOUSE, ALINCHUVADU, MUNNIYOOR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 6. KAZHUNGUM THOTTATHIL MUJEEB RAHMAN, S/O.HAMZA, ALINCHUVADU, MUNNIYOOR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. SRI. C.M. KAMMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2281 of 2009 ------------------------------------ Dated this the 23rd day of May, 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 the accused in Crime No.168/2009 of Tirurangadi Police Station. 2. The offences alleged against the petitioners are under sections 143, 147, 148, 452, 324, 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 14/04/2009, the accused persons trespassed into the residential compound of the defacto complainant and caused injuries on him. Learned counsel for the petitioner submitted that two crimes were registered in respect of the incident on account of some dispute, two days prior to the counting of votes in the General Elections. In the other crime No.179/2009, the defacto complainant and others are the accused persons. The wound certificate in the present case would show that the injuries are minor injuries. It is recored in the wound certificate that there is no case of any head injury. B.A. No. 2281/2009 2 It is submitted that the petitioners 4 and 5 were subsequently arrested and they were released on regular bail. 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 petitioners 1 to 3 and 6. There will be a direction that in the event of the arrest of the said petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) Petitioners 1 to 3 and 6 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 aforesaid petitioners shall appear before the investigating officer for interrogation as and when required; C) The aforesaid petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The aforesaid petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 2281/2009 3 E) On the expiry of the period mentioned above, the aforesaid petitioners shall surrender before the Magistrate concerned and seek regular bail. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm