IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5581 of 2009 CRIME NO.315 OF 2008 OF KANJIRAPALLY POLICE STATION PETITIONERS: ACCUSED 1 TO 5: -------------------------------- 1. SAJAN KUNNATHU, S/O.MATHEW, AGED 39, KONNATHU HOUSE, KANJIRAPALLY P.O., KANJIRAPALLY. 2. K.N.SALI, S/O.NANDAN, AGED 46, KUNNEL HOUSE, THOTTUM KAVALA BHAGHOM, VIZHIKATHODU, KANJIRAPALLY. 3. V.S.NEELAKANDA PILLAI, S/O.NARAYANA PILLAI, AGED 63, VETTIYANKAL HOUSE, THOTTAM KAVALA, KOVAPALLY, KANJIRAPALLY. 4. C.S.ANIL KUMAR @ BABU, AGED 35, S/O.SUKUMARA PILLAI, CHENKOVIL HOUSE, VIZHICKATHODU, KOVAPALLY, KANJIRAPALLY. 5. C.N.SAJI, S/O.KUTTAN PILLAI, AGED 39, CHENCHERIL HOUSE, VIZHACKATHODU, KOVAPALLY, KANJIRAPALLY. BY ADV. SRI.K.R.SUNIL RESPONDENT: COMPLAINANT: --------------------------- THE DEPUTY SUPERINTENDENT OF POLICE, DCRB KOTTAYAM, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5581 OF 2009 ------------------------------------------------------ Dated this the 6th day of October, 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.1 to 5 in Crime No.315 of 2008 of Kanjirapally Police Station. 2. The offences alleged against the petitioners are under Sections 143, 145, 147 and 353 read with Section 149 of the Indian Penal Code. 3. B.A.No.5273 of 2009 was filed by the sixth accused in the case. That Bail Application was disposed of by the order dated 17.9.2009. For the sake of convenience, paragraphs 3 to 5 of the order dated 17.9.2009 are extracted below: “3. The prosecution case is that the accused persons caused obstruction to the official duties of the survey officials as well as the police, in the matter of survey sought to be made for the purpose of construction of waste management disposal plant near B.A. NO. 5581 OF 2009 :: 2 :: Vizhikkathodu junction at Kanjirappally. The petitioner is an advocate by profession. The learned counsel for the petitioner submitted that an action council was formed against the construction of the waste management processing plant at the place in question. The petitioner claims that he is the Chief Patron of the action council. It is also submitted that W.P.(C) No.6663 of 2008 was filed by the office bearers of the action council before the High Court challenging the decision to set up the solid waste disposal plant at the place in question. 4. I have perused the judges papers in W.P.(C) No.6663 of 2008. It is seen that the Writ Petition was filed much earlier to the date of incident in the present case. A Commissioner was appointed in the proceedings. An interim order dated 10.4.2008 was passed to the effect that if the Panchayath wants to proceed with the construction of the plant, the Panchayath shall obtain prior permission of the court for starting the construction. 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 petitioner.” B.A. NO. 5581 OF 2009 :: 3 :: 4. The position of the petitioners is not different. To my mind, they are also entitled to get an order for anticipatory bail. 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 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/