IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5142 of 2011() ------------------------------------------ (CRIME NO.369/11 OF BEKAL POLICE STATION, KASARAGOD) ........ PETITIONER(S): ACCUSED 1 - 6: ------------------------------------------------ 1. RAHIM, AGED 23 YEARS, S/O. KHADER, KUNIYA, PERIYA VILLAGE, KASARAGOD. 2. SHAFEEQ, AGED 22 YEARS, S/O. AHAMMED, KUNIYA, PERIYA VILLAGE, KASARAGOD. 3. NOUFAL, AGED 22 YERS, S/O. ABBAS,KUNIYA, PERIYA VILLAGE, KASARAGOD. 4. SIDDIQU, AGED 20 YEARS, S/O. RAMLA, KUNIYA, PERIYA VILLAGE, KASARAGOD. 5. LATHEEF, AGED 20 YEARS, S/O. BEEVI, KUNIYA, PERIYA VILLAGE, KASARAGOD. 6. ABDUL RAHIMAN, AGED 20 YEARS, PERIYA BAZAR, PERIYA VILLAGE,HOSDURG TALUK. BY ADV. SRI.V.R.REKESH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A. No.5142 OF 2011 --------------------------------- Dated this the 11th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are the accused Nos. 1 to 6 in Crime No.369 of 2011 of the Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 144, 148, 323, 324, 341 and 452 read with 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 to the petitioners. There will be a direction B.A. No.5142 OF 2011 2 that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for `10,000/- (Rupees Ten Thousand only) 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 alternative 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) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.5142 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms