IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 2340 of 2009() ----------------------------- CRIME NO.155/2009 OF BEKEL POLICE STATION. PETITIONERS/ACCUSED: --------------------------------------- 1. PRAJITH,S/O.SUMATHI, ARYADUKKAM COLONY, MANGAD, BARE. 2. SHIBU, S/O.E.KUNHIKELU NAIR, MANGAD,BARE 3. GOPINATHAN,S/O.LATE BALAKRISHNAN NAIR, MEL BARE. 4. SURESH,S/O.RAMAN, MELE BARE. 5. MURALI,S/O.DAYAKARAN,ARYADUKKAM COLONY MANGAD, BARE. 6. SATHEESHAN,S/O.KARUNAN,ARYADUKKAM COLONY,MANGAD, BARE. 7. ANIL KUMAR, S/O.SURENDRAN, ARYADUKKAM COLONY,MANGAD, BARE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. B REEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2340 of 2009 ------------------------------------ Dated this the 7th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos. 1 to 7 in Crime No.155/2009 of Bekal Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 506(ii), 324 and 308 read with Section 149 of the Indian Penal Code. It is submitted by the learned Public Prosecutor that subsequently Section 326 was also added. 3. The incident as alleged by the prosecution occurred on 19/04/2009 at 8 P.M. The defacto complainant was admitted in the Carewell hospital and Research Centre, Kasaragod at 8.30 P.M. The defacto complainant stated to the Medical officer that the injuries were sustained by him on account of assault “by one Rajeesh and about three unidentifiable persons with Iron rod and wooden reeper.” The F.I statement was given by the B.A. No.2340/ 2009 Page numbers defacto complainant on 20/04/2009 at 4 P.M, wherein he has given the names and addresses of 7 persons. Rajeesh is not one among them. How he identified the accused persons overnight is not mentioned. In this background, the submission made by the learned counsel for the petitioner that this is a foisted case on account of political rivalry, is to be taken note of. 4. Taking into account the facts and circumstances of the case, the nature of the offence 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 satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or B.A. No.2340/ 2009 Page numbers 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 scm