IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8381 of 2011() ----------------------------- CRIME NO.465/2011 OF ERUMAPPETTY POLICE STATION PETITIONERS/ACCUSED NO.1 TO 7: ---------------------------------------- 1. P.K. UMMER AGED 42, S/O. KUNJAMU, PUZHANKARA ILLATH, VELLARAKKADU.P.O., THRISSUR. 2. P.M. IBRAHIM AGED 31, S/O. MUHAMMED, PUTHEVEETTIL,KANDANGODU.P.O., THRISSUR. 3. P.V. VINIL @ VINU AGED 36, S/O. VASU, PULAYAMPATTU VEEDU, KANDAMASSERY.P.O.,THRISSUR. 4. P.M. ALI, AGED 34, S/O. MUHAMMED, PUTHUVEETTIL, KADANGODE.P.O., TRISSUR. 5. P.M. ABU, AGED 28 S/O. MUHAMMED, PUTHUVEETTIL, KADANGODU.P.O., TRISSUR. 6. A.G. KISHORE AGED 37, S/O. GOVINDAN, ARUPPAYIL VEEDU, VELLARAKKADU.P.O., THRISSUR. 7. K.K. LATHEEF, AGED 26, S/O. KUNJUMUHAMMED, KARANGAL VEEDU, KADANGODE.P.O., TRISSUR. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ERUMAPPETTY POLICE STATION, (CRIME 465/2011)REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8381 of 2011 --------------------------- Dated this the 2nd day of December, 2011 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.1 to 7 in Crime No.465 of 2011 of Erumappetty Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 308 and 324 of the Indian Penal Code. 3. The first petitioner is running a quarry. Petitioners 2, 3, 4 and 6 are workers in the quarry. The fifth petitioner is the brother of the petitioners 2 and 4. The seventh petitioner is the driver employed by accused No.1. The prosecution case is that on 20.9.2011, when the de facto complainant and his friends, who were head load workers got information that granite were being removed from the quarry using JCB and tipper lorry, they BA 8381/11 2 went to the quarry and tried to prevent the use of machinery. At that time, the de facto complainant and his friends were attacked by the accused with iron rods. 4. When the Bail Application came up for admission on 22.11.2011, the following order was passed : “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 27th and 28th of November, 2011. 6. Post on 2nd December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.465 of 2011 of Erumappetty Police Station, till 5.12.2011. BA 8381/11 3 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 22.11.2011 has been complied with by the petitioners. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 22.11.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- (Rupees Ten BA 8381/11 4 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 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 csl