IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Bail Appl..No. 3807 of 2009() ----------------------------------------- CRIME NO.82/2009 OF VELLARIKUNDU POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED: --------------------------------------- 1. PATHIKARA RAJAN, AGED 38 YEARS, S/O.JOSEPH, PANNITHADAM, VELLARIKUNDU P.O. 2. ARANGATHKUZHI JOSHI, AGED 3O YEARS, S/O.DEVASSIYA, KANAKAPPALLY P.O. 3. POOVATHUMOOTTIL BABY @ SEBASTIAN, AGED 35 YEARS, S/O.DEVASSIYA, KANAKAPPALLY P.O. 4. POOVATHUMOOTTIL SHAJI, AGED 35 YEARS, S/O.JOSEPH, KANAKAPPALLY P.O. 5. POOVATHUMOOTTIL JAYAPAL, AGED 25 YEARS, S/O.JOSEPH, KANAKAPPALLY P.O. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/ STATE: ------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- B.A. No. 3807 of 2009 ------------------------------------ Dated this the 14th day of July, 2009 O R D E R The petitioners are accused Nos.1,2 and 4 to 6 in Crime No.82/2009 of Vellarikundu Police Station, Kasaragod. 2. The prosecution case is that they committed offences under Sections 143, 147,148, 452, 323, 324 and 308 read with Section 149 of the Indian Penal Code. The petitioners filed B.A. No.3209/2009 under Section 438 of the Code of Criminal Procedure for anticipatory bail, which was dismissed under Annexure A order dated 18/06/2009. While dismissing the application on going through Case Diary, this Court observed that injuries sustained are simple in nature. Subsequently, the petitioners surrendered before the learned Magistrate on 1/07/2009. Under Annexure B order, the petition for bail was dismissed. This petition is filed under Section 439 of the Code of Criminal Procedure. 3. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. The learned counsel appearing for the petitioners submitted that considering the B.A. No. 3807 /2009 Page numbers nature of offences especially the injuries sustained, the petitioners are entitled to be released on bail as they have been in custody from 1/07/2009 onwards. It is also submitted that in the counter case, the accused were also released on bail. The learned Public Prosecutor submitted that there is no instruction in the counter case and the petitioners are not entitled to be released on bail at this stage. 4. Considering the nature of injuries sustained as observed by this Court in Annexure A order, it is not necessary to continue detention of the petitioners as they have already been in custody from 1/07/2009 onwards, if the investigating officer has not sought custody of the petitioners for interrogation. 5. In such circumstances, petition is allowed. Bail is granted. The petitioners are released on bail on their executing bond for Rs.20,000/- each with two solvent sureties each for the like sum to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg on the following conditions: 1.The petitioners shall appear before the Investigating Officer on every Wednesdays between 10 A.M and B.A. No. 3807 /2009 Page numbers 12 Noon for three months or till the final report is submitted and thereafter as and when required by the Investigation Officer. 2.They shall not intimidate or influence any of the witnesses and shall not interfere with the investigation . 3.They shall not leave jurisdiction of the learned Magistrate without permission. M. SASIDHARAN NAMBIAR JUDGE scm