IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4624 of 2009 CRIME NO.254 OF 2009 OF MARARIKULAM POLICE STATION PETITIONER/ACCUSED 6,7 AND 9 ------------------------------------------------ 1. JOSHI,AGED 25 YEARS,S/O.MICHEL, MAVOOMKOOTTATHIL,MARARIKULAM SOUTH PANCHAYATH, MARARIKULAM,ALAPPUZHA DISTRICT. 2. JOJI,AGED 24 YEARS,S/O.THOMAS,ARACKAL HOUSE, MARARIKULAM,ALAPPUZHA DISTRICT. 3. JOMON,AGED 21 YEARS,S/O.JACOB, MAVOOMKOOTTATHIL,MARARIKULAM SOUTH PANCHAYATH, MARARIKULAM,ALAPPUZHA DISTRICT. BY ADV. SRI.K.C.SUDHEER SRI.MANJU ANTONEY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,(S.H.O), MARARIKULAM POLICE STATION, ALAPPUZHA DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR JIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4624 OF 2009 ------------------------------------------------------ Dated this the 20th August, 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.6, 7 and 9 in Crime No.254 of 2009 of Mararikulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326 and 452 read with Section 34 of the Indian Penal Code. 3. Learned counsel for the petitioners submitted that accused Nos.1 to 4 were granted anticipatory bail by the learned Sessions Judge as per the order dated 14.8.2009 in Crl.M.P.No.2288 of 2009. It is also submitted that accused Nos.8 and 10 were also granted bail. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted B.A. NO. 4624 OF 2009 :: 2 :: 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 ahz/