IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2524 of 2010() ----------------------------- CRIME NO.89/10 OF PAYYANNUR POLICE STATION, KANNUR. PETITIONER(S): -------------------- 1. SHUHAIB.K.P, AGED 20 YEARS, S/O. ASSAINAR, KANDATHIL PURAYIL HOUSE, KUNHIMANGALAM AMSOM, ARUVADI.P.O, PAYYANNUR. 2. SHAHID.M, S/O. MOHAMMED KUNHI, AGED 22 YEARS, MULLANTAKATHU HOUSE, KUNHIMANGALAM AMSOM, ARUVADI.P.O, PAYYANNUR. 3. RASSAK, S/O. ABDUL RAHIMAN, AGED 19 YEARS, KANNUKARATHI HOUSE, KUNHIMANGALAM AMSOM ANGADU, PAYYANNUR. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.89/10 OF PAYYANNUR POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2524 of 2010 ---------------------------------------------- Dated 26th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 308 and 149 of the Indian Penal Code. Petitioners are accused Nos.11 to 13 in the crime. According to prosecution, on 2.2.2010, petitioners along with the other accused attacked the defacto complainant and others on account of rivalry due to a quarrel, which arose in connection with the conduct of a football tournament. Accused Nos.1 and 2 attacked the defacto complainant and 3 others with an iron rod and he sustained injuries on his head. 3. Learned counsel for the petitioners submitted that no specific overt act is alleged against petitioners. Specific overt acts are alleged against accused Nos.1 and 2. Anticipatory bail application was filed by accused Nos.1 to 10 and this Court has granted anticipatory bail to accused Nos.3 to 10. The prayer for anticipatory bail by the first and second accused alone was rejected. BA NO.2524/10 2 4. Learned Public Prosecutor conceded that no specific overt act is alleged against petitioners and in the light of Annexure I order, he has no objection in granting anticipatory bail to petitioners. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed : (1) Petitioners shall appear before the Investigating Officer within seven days from today and co- operate with the investigation. (2) Petitioners shall, in the event of their arrest, be released on bail, on their executing bond for Rs.15,000/- (Rupees fifteen thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions : (i) They shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until final report is filed. (ii) Petitioners shall not influence or intimidate any witness or tamper with evidence. (iii) In case petitioners are involved in any BA NO.2524/10 3 offence of similar nature, their bail is liable to be cancelled. K.HEMA, JUDGE. tgs