IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 7772 of 2011() ----------------------------- CRIME NO.347/11 OF ADHUR POLICE STATION, KASARAGOD PETITIONERS/ACCUSED 1 & 2 ----------------------------- 1. THASLEEM, S/O.C.K.YOUSEPH, AGED 23 YEARS RESIDING AT CHALAKKARA HOUSE, PALLAMKODE, HURDUR POST, MULLERIYA, KASARAGOD DISTRICT. 2. MISHAHUDEEN RAMZEER, AGED 26 YEARS, S/O.C.K.YOUSEPH, AGED 23 YEARS, RESIDING AT CHALAKKARA HOUSE, PALLAMKODE,HURDUR POST, MULLERIYA, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, ADHUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7772 of 2011 --------------------------- Dated this the 24th day of October, 2011 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 and 2 in Crime No.347 of 2011 of Adhur Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 326 and 506(ii) read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 12.10.2011, the following order was passed : “3. The accused persons are the children of one C.K.Youseph in his second wife. The de facto complainant is the son of C.K.Youseph in his first wife. C.K.Youseph is suffering from renal diseases. The allegation in the present case is that the de facto complainant was taken by the accused persons in a car and he was brutally beaten by the BA 7772/11 2 accused with iron rods. The accused themselves admitted the de facto complainant in the hospital. 4. The learned counsel for the petitioners submitted that the de facto complainant and others attacked the accused and Crime No.349 of 2011 was registered by Adhur Police in respect of that offence. The learned counsel for the petitioners also pointed out that C.K.Youseph filed Annexure A4 petition before the District Superintendent of Police, Kasaragod on 28.3.2011, stating that the de facto complainant and his first wife had driven away Youseph from his house and that they are trying to get his property. In Annexure A4, Youseph stated that the children in his first wife were constantly harassing him. 5. Taking into account the facts and circumstances of the case and the relationship between the parties, 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 18th and 19th October, 2011. 6. Post on 24th October, 2011. 7. It is submitted by the learned Public BA 7772/11 3 Prosecutor that the petitioners will not be arrested in connection with Crime No.347 of 2011 of Adhur Police Station, till 28th October, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer. ” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 12.10.2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12.10.2011 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 arrest of the petitioners, the officer in charge of the police station shall release BA 7772/11 4 them on bail on their executing bond for ` 10,000/- 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) 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 csl