IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 270 of 2010 CRIME NO.27 OF 2010 OF THAMARASSERY POLICE STATION, KOZHIKODE PETITIONER/ACCUSED NOS.2,1 & 3: -------------------------------------- 1. PAREETH @ ISMAIL S/O.MOIDEEN KUTTY, 40 YEARS, THANDIYEKKAL, POOLODE, EANGAMPUZHA AMSOM, CHAMAL DESOM, KOZHIKODE DISTRICT. 2. MUHAMMED RAJNAS, S/O PAREETH, 18 YEARS, THANDIYEKKAL, POOLODE, EANGAMPUZHA AMSOM, CHAMAL DESOM, KOZHIKODE DISTRICT. 3. SHAMEER ALI, S/O IBRAHIM, 24 YEARS, "KENICHAT", POLODE, EANGAMPUZHA AMSOM, CHAMAL DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 270 OF 2010 ------------------------------------------------------ Dated this the 27th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are respectively accused Nos.2, 1 and 3 in Crime No.27 of 2010 of Thamarassery Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Section 3(2) of the PDPP Act and Sections 341, 294(b) and 332 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The de facto complainant is a conductor of a KSRTC bus. On 12.1.2010, when the KSRTC bus entered into the bus stand at Eangappuzha, the accused persons attacked the conductor of the bus and threw away the electronic ticket machine. It is alleged that the accused persons obstructed the discharge of the official duties of the de facto complainant. B.A. NO. 270 OF 2010 :: 2 :: 4. The petitioners have a different story. It is stated in paragraph 4 of the Bail Application thus: “4. The incident is as follows: While the KSRTC bus was stopped in front of the bus stand the 2nd and 3rd petitioners tried to board the bus. The de facto complainant stated that the bus will be taken to the stand and that they can only then board the bus. The petitioners still boarded the bus upon which the de facto complainant pushed the 2nd petitioner down and a wordy duel ensued and the complainant hit the 2nd petitioner with the ETM. The petitioner sustained injuries and he was admitted to the CHC at Thamarassery. He was under the bonafide belief that a crime would be registered for the said incident. But now it is found that he has been made the accused. This is due to political pressure also, as the conductor belongs to the union controlled by the ruling party. As the 2nd petitioner has been made an accused he is unable to appear before the court and make a protest complaint.” 5. Taking into account the facts 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. B.A. NO. 270 OF 2010 :: 3 :: 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.15,000/- 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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) 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/