IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2704 of 2009() ----------------------------- CRIME NO.374/2009 OF ATTINGAL POLICE STATION PETITIONERS (ACCUSED) ----------------------------------------- 1. SIVAPRASAD @ MADHU, THUNDUVILA VEEDU, T.B.JUNCTION, ATTINGAL. 2. MASOOD P.S., THUNDUVILA VEEDU, T.B.JUNCTION, ATTINGAL. 3. SANTHOSH, S.N.BHAVAN, T.B.JUNCTION, ATTINGAL. 4. BAIJU, AMBADI, T.B.JUNCTION, ATTINGAL. 5. BABURAJ, PLAVILA VEEDU, KOTTIYODE, ATTINGAL. BY ADV. SRI.M.R.RAJESH RESPONDENT(S): (COMPLAINANT) ---------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.SBREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2704 of 2009 ------------------------------ Dated this the 10th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.374 of 2009 of Attingal Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 149 and 294(b) of the Indian Penal Code and Section 3(2)(e) of PDPP Act. 3. Heard the learned counsel for the petitioners and the learned public prosecutor. 4. The learned counsel for the petitioners submitted that the identity of the petitioners is not established and that neither the defacto complainant nor anybody else has identified the petitioners. It is only on the basis of the number of the vehicle involved in the offence, the petitioners are implicated, as informed by the owner of the vehicle. 5. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a BA No.2704 /2009 2 direction that in the event of the arrest of the 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.25,000/- 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 every alternate Monday, 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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