IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5489 of 2009() ----------------------------------------- (CRIME NO.129 OF 2009 OF KASARGOD POLICE STATION) PETITIONERS/ACCUSED NO. 1 AND 3 TO 5: ------------------------------------------------------------------ 1. RASHEED.B.A., S/O.AHAMMED, BEDIRA, VIDYANAGAR, KASARAGOD. 2. ABDUL HAMEED.C.I. @ AMMI, A.H.HOUSE, CHUDUVALAPPU, BEDIRA, VIDYANAGAR, KASARAGOD. 3. RASHID B.K., S/O.KUNHAMMED BEDIRA, VIDYANAGAR, KASARAGOD. 4. RAFEEQUE B.A., S/O.ABBAS, BEDIRA, VIDYANAGAR, KASARAGOD. BY ADV. MR.K.K.MOHAMED RAVUF RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5489 of 2009 ------------------------------------ Dated this the 24th day of September, 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 accused Nos.1, and 3 to 5 in Crime No.129/2009 of Kasargod Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that Crime No. 129/2009 was registered in respect of the incident occurred on the same date and at the same place. The present crime was registered as a counter case. It is also submitted that the parties have settled their disputes and differences. It would appear that there was a clash between the members of two political parties, in respect of which two crimes were registered. As per the order in B. A. Nos. 4611/2009, 4140/2009 and 4203/2009, Anticipatory bail was granted to the accused persons in Crime No. 130/2009. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and also B.A. No. 5489 of 2009 2 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 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 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 B.A. No. 5489 of 2009 3 ln