IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 9820 of 2011 CRIME NO.365 OF 2011 OF CHITTARIKKAL POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED NOS. 1 TO 7 1. MUHAMMED ISMAYIL,S/O. ABDUL KHADER, VADAPLAKKAL HOUSE,THOTTELCHAL, PALAVAYAL, KASARAGOD DISTRICT. 2. ABDUL SALAM, S/O. ABDUL KHADER, VADPLAKKAL HOUSE, THOTTELCHAL, PALAVAYAL, KASARAGOD DISTRICT. 3. SUNIL, S/O. JOSEPH, KANNIVAYAL HOUSE, PALAVAYAL, KASARAGOD DISTRICT. 4. JIJO, S/O. BABY, MUTHOLIL HOUSE, NIRATHILTHAT, PALAVAYAL, KASARAGOD DISTRICT. 5. M.P. SHAJI, S/O. LAKSHMI, MUKKIDIKATTIL HOUSE, PALAVAYAL, KASARAGOD DISTRICT. 6. THOMMAN, S/O. VARGHESE, CHITTARIKKAL, VELLAD VILLAGE, , KASARAGOD DISTRICT. 7. ANEESH, S/O. MATHEW, PONTHOTTAM HOUSE, PALAVAYAL, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9820 OF 2011 ------------------------------------------------------ Dated this the 23rd 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. Petitioners are accused Nos.1 to 7 in Crime No.365 of 2011 of Chittarikkal Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 323, 324, 341, 354, 427, 452 and 506(i) read with Section 149 of the Indian Penal Code. 3. The defacto complainant is the brother of the first petitioner. Learned counsel for the petitioners submitted that in respect of an incident which took place on the same date and alleged in the present case, another incident took place, in which, the first petitioner sustained injuries and another crime was registered, in which, the defacto complainant in the present case is an accused. 4. Taking into account the facts and circumstances of the case, BAIL APPL. NO. 9820 OF 2011 :: 2 :: the nature of the offence, the injury sustained 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 Rupees Ten thousand 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/