IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 2803 of 2009() --------------------------------------- CRIME NO.96/2009 OF MAVOOR POLICE STATION. PETITIONER/ACCUSED : -------------------------------------------- SHIBU MATHAN, S/O.K.V. MATHAN, KOLLARA ANCHIL HOUSE, PARAMMEL MAVOOR P.O., KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. SUB INSPECTOR OF POLICE, MAVOOR POLICE MAVOOR, KOZHIKODEW. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009 ALONG WITH BA NO. 2784 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2803 & 2784 of 2009 ------------------------------------ Dated this the 23rd day of July, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. In B.A. No. 2784/2009, the petitioners are respectively accused Nos.1, 13 and 10, while in B.A. No.2803/2009, the petitioner is the 11th accused. In fact, the petitioners have not shown in the Bail Applications their rank in the Crime and the details as stated above were supplied by the learned Public Prosecutor. 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 332 and 308 of the Indian Penal Code and Section 3 of the PDPP Act. 3. The prosecution case is that on 6/05/2009, a mob consisting of more than 150 persons rushed to the Police Station and in defiance of the orders to disperse, they committed the offence. It is alleged that they caused destruction to the public property and caused loss to the Government. 4. The petitioners have a different story to tell. They say that just in front of the police station, a boy met with a traffic B.A. No.2803 & 2784 / 2009 Page numbers accident. Finding no vehicle to take him to the hospital, the boy was taken to the Police Station and a request was made to the police to take the boy to the hospital. The police refused to do and some lame excuses were given. Later, the local people took the boy to the hospital in an Autorikshaw. However, the life of the boy could not be saved. According to the learned counsel for the petitioners, the people of the locality was leading a procession in protest of the inaction on the part of the police and in the course of the procession, some incident occurred, which is now styled as offence of this nature by the police. 5. Taking into account thefacts 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: B.A. No.2803 & 2784 / 2009 Page numbers 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 scm