IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 4892 of 2009() ----------------------------- CRIME NO.64/2009 OF KUDEYAMALA POLICE STATION .................... PETITIONERS/ACCUSED : -------------------------------------- 1. SABU, AGED 45 YEARS S/O. SEBASTAIN NELLIKUTTY.P.O.,KANNUR DIST. 2. JOHNSON, AGED 35 YEARS S/O. MATHEW THALAYINAKANDATHIL HOUSE, NELLIKUTTY.P.O., KANNUR DIST. 3. JOY, AGED 46 YEARS, S/O CHERIYAN, PERUMALI (HOUSE) NELLIKUTTY.P.O., KANNUR DIST. 4. SHEJU, AGED 29 YEARS S/O. KURIAKOSE CHAMPAPPALLIL HOUSE, NELLIKUTTY.P.O., KANNUR DIST. 5. SAJI, AGED 40 YEARS, S/O.CHAKKO MUNDAMAKKAL (HOUSE) NELLIKUTTY.P.O., KANNUR DIST. 6. SEVANANDAN @ BIJU, AGED 33 YEARS S/O.NARAYANAN KELOTH (HOUSE), NELLIKUTTY.P.O. KANNUR DIST. 7. MANU AGED 22 YEARS, S/O. SEBASTIAN, MELEMURIYIYIL HOUSE, NELLIKUTTY.P.O. KANNUR DIST. 8. BYJU AGED 40 YEARS S/O. THOMAS POUVATHUPARAMBIL HOUSE, NELLIKUTTY.P.O., KANNUR DIST. 9. BABY AGED 52 YEARS, S/O. POULOSE, KOTTAPURATH HOUSE, NELLIKUTTY.P.O., KANNUR DIST. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY INSPECTOR OF POLICE KUDEYAMALA POLICE STATION REP. BY TH PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4892 of 2009 --------------------------------------------- Dated this the 12th day of November, 2009 ORDER When the Bail Application came up for hearing on 29th October, 2009 the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused in Crime No.64/2009 of Kudeyamala Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 326 read with Section 149 of the Indian Penal Code. 3. The petitioners moved for anticipatory bail in Bail Application No.3378/2009. That application was dismissed by the order dated 15.7.2009. 4. The learned counsel for the petitioners submitted that on 16.5.2009, the date on which the parliament election results were declared, several crimes were registered in Kudeyamala Police station, in which members of the political parties are made an BA No.4892/2009 2 accused. It is pointed out that in Crime Nos.60 and 61 of 2009 of the same police station, the accused persons were granted anticipatory bail as per the order dated 4.8.2009 in Bail Application Nos.4018 and 4004 of 2009. 5. It is submitted by the counsel for the petitioners that the settlement talks are going on and it is most likely that the disputes between the parties will be settled. It is submitted that if the petitioners were to be arrested in the meanwhile, they would be put to irreparable injury and great prejudice. It is submitted that there is change of circumstances after the dismissal of the earlier application for anticipatory bail, which justifies the exercise of jurisdiction by this Court on the second application for anticipatory bail. 6. Taking into account the facts and circumstances of the case, I am satisfied that there is change of circumstances justifying the filing of the second application for anticipatory bail. The petitioners submitted that they are prepared to appear before the investigating officer, so that the matters can be effectively settled in the presence of the defacto complainant and other aggrieved parties. BA No.4892/2009 3 Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 6th and 7th November, 2009. Post on 12.11.2009.” 2. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the directions contained in the order dated 29.10.2009 were complied with by the petitioners. 3. 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.10,000/- 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; BA No.4892/2009 4 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 csl