IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3762 of 2009() ----------------------------- CRIME NO.351/09 OF WADAKKANCHERY POLICE STATION PETITITIONERS:ACCUSED 1 TO 7 ---------------------------------- 1. SHINOY @ KUTTAN, AGED 31, SUKUMARAN, KALLIVALAPPIL HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. 2. RAJEESH @ KUTTAPPAN, AGED 24, S/O. SASI, CHONDAPPURACKAL HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. 3. RENJITH, AGED 19, S/O.UNNIKRISHNAN, THYVALAPPIL HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. 4. SIVAPRASAD, AGED 21, S/O.SIVARAMAN, PULICKAL HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. 5. BIJU, AGED 25, S/O.MANI, PATTUKULAM HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. 6. ANISHKUMAR @ ANISH, AGED 20, S/O.SANKARANKUTTY, KULANGARAPARAMBIL HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. 7. SANOJ @ SANU, AGED 25, S/O.CHANDRAN, CHOONDAPPURACKAL HOUSE, MINALOOR VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.M.ANIL KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE (CRIME 351/09) WADAKKANCHERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3762 of 2009 --------------------------------------------- Dated this the 28th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 3 to 8 in Crime No.351 of 2009 of Wadakkanchery Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code. 3. I have gone through 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.25,000/- each with two solvent sureties for the like amount to the BA No.3762/2009 2 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