IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 5470 of 2009() ------------------------------------- CRIME NO. 62/2009 OF KUDEYANMALA POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------------------ 1. MUNDAKKAL JOHNY, S/O.THOMAS, 53 YEARS, MUNDACKAL HOUSE, NELLIKUTTY. 2. JOSEPH.K.T, S/O. THOMAS, 52 YEARS, KOTTUKAPALLIKIL HOUSE, KUNIYANPUZHA. 3. MANOJ THOMAS, S/O.THOMAS, 34 YEARS, THANNICKAL HOUSE, NELLIKUTTY. 4. ANEESH KURIAKOSE, S/O.KURIAKOSE, 29 YEARS, PULICKAL HOUSE, NELLIKUTTY. 5. JAMES CHACKO, S/O.CHACKO, 40 YEARS, KAVANADIYIL HOUSE, CHUNDAKUNNU. 6. ANOOP KURIAKOSE, S/O.KURIAKOSE, 20 YEARS, PULICKAL HOUSE, NELLIKUTTY. 7. MATHEW CHAMAKALA, S/O.AUGUSTINE, 50 YEARS, NELLIKUTTY. 8. DEEPU JOSE, S/O.JOSE, 29 YEARS, KURISHUMMOOTTIL HOUSE, CHEMPERI. 9. SANOJ JOSE, S/O.JOSE, 26 YEARS, KUZHIMACKAL HOUSE, NELLIKUTTY. 10. JUSTINE CHANDIKOLLY, S/O.JOSEPH, 23 YEARS, CHANDIKOLLIYIL HOUSE, CHUNDAKUNNU. 11. BIJU HOSE, S/O.JOSE, NALLICKATHADATHIL HOUSE, 26 YEARS, CHUNDAKUNNU. 12. SINOJ PAUL, S/O.POULINOSE, 27 YEARS, ORATHEL HOUSE, CHUNDAKUNNU. 13. JOY KUNNEL, S/O.ANTONY, 50 YEARS, KUNNEL HOUSE, NELLIKUTTY. Bail Appl..No. 5470 of 2009() 14. TOMY MATHEW, S/O.MATHEW, 43 YEARS, CHAMKALAYIL, P.O.NELLIKUTTY. 15. JINS SEBASTIAN, S/O.SEBASTIAN, 24 YEARS, PANICHAPALLIYIL HOUSE, NELLIKUTTY. BY ADVS. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED THROUGH THE STATION HOUSE OFFICER OF KUDIYAMALA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5470 of 2009 ------------------------------------ Dated this the 29th day of October, 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 in Crime No. 62/2009 of Kudeyanmala Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 325, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 16.05.2009, the date on which the results of the parliament election were declared. It is stated that the defacto complainant is an active worker of one political party and accused persons belong to the rival political party. The defacto complainant sustained injuries. It is submitted by the learned counsel for the petitioners that the case was foisted against the petitioners due to political rivalry. According to the counsel, there was jubilation on account of the victory of their candidate and at that time the crime was registered against the petitioners. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 5470 of 2009 2 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 report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, 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) 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 ln