IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8684 of 2011() ----------------------------- OS.16/1977 of I ADDL.DISTRICT COURT, ERNAKULAM CRIME No.334/2011 OF KOOTHATTUKULAM POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 5 :- -------------------------------------------------- 1. DINOOP JACOB, S/O. M.C. CHACKO, AGED 32, MEENKUZHICKAL HOUSE, MANNATHOOR.P.O., PAMPAKUDA. 2. BIJU THOMAS, S/O. THOMAS.M.C. AGED 36, MEENKUZHICKAL HOUSE, MANNATHOOR.P.O., PAMPAKUDA. 3. SHIJO BABY, S/O. BABY MATHAI, AGED 35, VALLIYAKUNNAL(NEDUMPULLIYIL) MANNATHOOR.P.O., PAMPAKUDA. 4. M.C. CHACKO, S/O. CHACKO, AGED 61 MEENKUZHICKAL HOUSE, MANNATHOOR.P.O., PAMPAKUDA. 5. M.C. POULOSE, S/O. CHERIAN, AGED 55, MANDANATHU HOUSE, MANNATHOOR.P.O., PAMPAKUDA. BY ADV. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S)/COMPLAINANT :- -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.334 OF 2011 OF KOOTHATTUKULAM POLICE STATION) PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- B.A. No.8684 of 2011 ------------------------------- Dated this the 23rd day of November 2011 O R D E R This application is filed for anticipatory bail. Petitioners 1 to 3 are the accused in Crime No.334/2011 of Koothattukulam Police Station. The learned Public Prosecutor submitted that petitioners 4 and 5 are not accused. That submission is recorded. The learned Public Prosecutor would also submit that there was a dispute with regard to the religious services of that particular church and there was a procession by one group and complainant was stated to be a member of that procession. 2. The allegation is that these petitioners were stated to have attacked the members of the procession and thus the incident took place. The offences alleged against them are under Secs.323, 326, 294(b), 427 and 506(i) r/w 34 IPC. The learned senior counsel for the petitioners submits that Crime No.335/2011 was registered against the de facto complainant in Crime No.334/2011 and others B.A. No.8684 of 2011 -: 2 :- alleging offences under Secs.323, 324, 506(i) and 427 r/w 34 IPC. It is contended by the prosecution that fracture was caused to the nasal bone of the de facto complainant as one of the accused hit him with a stone. Learned counsel for the petitioners submits that it is actually counter blast to Crime No.335/2011. Considering all the aspects, this bail application is allowed with the following conditions :- (i)In case the petitioners are arrested or if they are surrender before the learned Magistrate within 10 days, they shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like sum. (ii)If the investigating officer required the accused to be questioned for recovery of any material object or for such other purposes, then they shall be permitted to be questioned by the police for the same. (iii)Petitioners shall co-operate with the investigation B.A. No.8684 of 2011 -: 3 :- and they shall not influence the witnesses or tamper with the evidences. (iv)They shall not leave the State of Kerala without permission of the court. (v)They shall appear before the Investigating Officer on all Saturdays between 10AM and 11AM until further orders. N.K.BALAKRISHNAN, JUDGE. Jvt