IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4611 of 2009 CRIME NO.130 OF 2009 OF KASARGOD POLICE STATION PETITIONER: ACCUSED: -------------------- NOUSHAD, S/O. ABDULLA, JALASOOR HOUSE, CHALAKKUNNU, VIDYANAGAR POST, KASARGOD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT: --------------- THE STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4611 OF 2009 ------------------------------------------------------ Dated this the 19th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.130 of 2009 of Kasargod Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 324, 341 and 308 read with Section 149 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that there is a counter case, which was registered as Crime No.129 of 2009, in which offence under Section 326 is also involved. It is also submitted that the parties have settled their disputes and differences. It would appear that there was a clash between members of two political parties, which resulted registration of the crimes. As per the order dated 30.7.2009 in B.A.No.4140 of 2009 and 4203 of 2009, bail was granted to some of the accused persons in Crime No.130 of 2009. B.A. NO. 4611 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and also taking into account the submission made by the learned counsel for the petitioner that the matter has been settled between the parties, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/