IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8949 of 2011() ----------------------------- CRIME NO.1217/2011 OF KAYAMKULAM POLICE STATION ALAPPUZHA DISTRICT PETITIONERS : ACCUSED 1-4 ------------------------------- 1. LATHEEF KUNJU, S/O.ISMAIL KUNJU, CHEMATHARAYIL, THODIYOOR NORTH, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. SHIJI, S/O.AKBERKUTTY, KOCHUKOTTAKKATHU THARAYIL, ERUVA, KAYAMKULAM, ALAPPUZHA DISTRICT. 3. MOHAMMED KUNJU, S/O.HANEEFA, ELLIKULATHU VADAKKETHIL, CHERAVALLY, KAYAMKULAM, ALAPPUZHA DISTRICT. 4. EBRAHIM KUTTY, S/O.HASANNARU KUNJU, ALANKAR HOUSE, KEERIKKADU SOUTH, KUNNAMPALLY BHAGAM, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE SRI.MANU SEBASTIAN B.A.No.8949/2011 RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM STATION-690502. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8949 of 2011 ---------------------------------------------- Dated this the 18th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.1217 of 2011 of Kayamkulam Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 323, 452 and 506(ii) 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 offences and other circumstances, I am of the view that anticipatory bail can be granted 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 `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:- Bail Appln.No.8949/2011 : 2 : 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 skj