IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5661 of 2011() ----------------------------- CRIME NO.1775/2011 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED ---------------------- 1. SHYAM KUMAR. S., S/O.SASIKUMAR P.K., AGED 19 YEARS, SYAM NIVAS HOUSE, KUMARANKERI P.O., VAALADI, KUTTANAD TALUK, ALAPPUZHA DISTRICT. 2. SAGAR K.S., S/O.SATHYAN K.V., AGED 19 YEARS, KACHAPARAMBIL HOUSE, ELANKUNNAPPUZHA P.O., PIN-682503, VYPIN BLOCK, KOCHI TALUK. 3. SANILKUMAR M.S., S/O.SALI M.K., AGED 19 YEARS, MARANGATTUTHARA HOUSE, EAST MANJANAKKADU, NJARAKKAL P.O., KOCHI. BY ADV. SRI.N.A.SHAFEEK RESPONDENT: COMPLAINANT -------------------------- THE S.I. OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5661 of 2011 ---------------------------------------------- Dated this the 27th 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 in Crime No.1775 of 2011 of Central Police Station, Ernakulam. 2. The offences alleged against the petitioners are under Sections 323, 324, 341 and 308 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 18/07/2011, the following order was passed: “3. The petitioners are students of Maharajas College, Ernakulam. It is stated that there was dispute between the two groups of students having different political ideologies. As a result of the clash, injuries were sustained by both sides. 4. 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 Bail Appln.No.5661/2011 : 2 : investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 23rd and 24th July, 2011. 5. Post on 27th July, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1775 of 2011 of Central Police Station, Ernakulam till 29.7.2011”. 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 18/07/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 18/07/2011 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 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) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appln.No.5661/2011 : 3 : 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