IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 3994 of 2009() ---------------------------------------- CR. NO.100/2009 OF ALAKODE POLICE STATION, KANNUR .................... PETITIONER/ACCUSED NO.1TO18 & 20 TO27: ------------------------------------------------------------------- 1. IBY JOSE, S/O.JOSE, AGED 39 YEARS, ORAVAKUZHIYIL HOUSE, CHITTADI PO, THIMIRI AMSOM, KANNUR DIST. 2. C.H.SHAMEER, S/O.C.H,MUHAMMED, AGED 23.YEARS, CHERIANDILAKATH HOUSE, PERINGALA, CHITTADI.PO, TIMIRI AMSOM, TALIPARAMBA TALUK, KANNUR DIST. 3. MANOJ, S/O.JOSEPH, AGED 38 YEARS, KALLUVELIL HOUSE, RAYAROME PO, TALIPARAMBA TALUK KANNUR DIST. 4. MOOSAN, S/O,.IBRAHIM, AGED 17 YEARS VAZHAVALAPPIL HOUSE, PERINGALA, TIMIRI PO, THALIPARAMBA TALUK, KANNUR DIST. 5. SANTHOSH, S/O.BASAPPAN, AGED 32 YEARS, PUTHUPARAMBIL HOUSE, RAYAROME PO,TALIPARAMBA TALUK KANNUR DIST. 6. SHIJI, S/O. ANTONY, AGED 27 YEARS, KARIPPAMATHAN HOUSE, RAYAROME, PO, TALIPARAMBA TALUK KANNUR DIST. 7. SATHEESH, S/O.LUKA AGED 24 YEARS, KARUVELIL HOUSE, RAYAROME PO, TALIPARAMBA TALUK, KANNUR DIST. 8. SUBHASH, S/O.KANNAN, AGED 22 YEARS, KALLEL HOUSE, RAYAROME PO, TALIPARAMBA TALUK, KANNUR DIST. 9. PRAKASH, S/O.CHERIYAN, AGED 30 YEARS, KALLERIYAN HOUSE, RAYAROME PO, TALI8PARAMBA TALUK, KANNUR DIST. Bail Appl..No. 3994 of 2009 10. JOY, S/O.THOMAS, AGED 44 YEARS, KARIKKATTIL HOUSE, RAYAROME PO, ;P[ TALIPARAMBA TALUK, KANNUR DIST. 11. BENNY S/O.DEVASSIA, AGED 42 YEARS, PALAKKAL HOUSE, RAYAROME, PO, TALIPARAMBA TALUK KANNUR DIST. 12. BABY S/O. JOSEPH, AGED 46 YEARS, PRAYATTIL HOUSE, CHITTADI PO, TALIPARAMBA TALUK KANNUR DIST. 13. MANOJ S/O. JOSE, AGED 29 YEARS, POOVATHINKAL HOUSE, CHITTADI PO, TALIPARAMBA TALUK KANNUR DIST. 14. NOUFAL, S/O.MOIDEEN, AGED 24 YEARS, CHERIYANDILAKATH HOUSE, CHITTADI, PO, TALIPARAMBA TALUK, KANNUR DIST. 15. THOMAS, S/O.THOMAS, AGED 56 YEARS, KALLARAKKAL HOUSE, CHITTADI PO, TALIPARAMBA TALUK KANNUR DIST. 16. ANTONY, S/O.ABRAHAM, AGED 43 YEARS PUTHENPARA HOUSE, CHITTADI PO, TALIPARAMBA TALUK, KANNUR DIST. 17. JOMON, S/O.CHACKO, AGED 28 YEARS, PANAKACHERUVIL HOUSE, CHITTADI PO, TALIPARAMBA TALUK, KANNUR DIST. 18. ISAC, S/O.THOMAS, AGED 43 YEARS MAUNDIYANKAL HOUSE, TIMIRI, CHITTADI PO, TALIPARAMBA TALUK, KANNUR DIST. 19. SIBI, S/O.CHACKO, AGED 34, YEARS, KUNNUPURATH HOUSE, CHITTADI, PO, TALIPARAMBA TALUK, KANNUR DIST. 20. ALEX, S/O.JACOB, AGED 40 YEARS, ERMANGALAM HOUSE, KALLANGODE, CHERUPUZHA PO, KANNUR DIST. 21. SONY, S/O.BABY, AGED 32 YEARS, POOVATHUNKAL HOUSE, KALLANGODE, CHERUPUZHA PO, KANNUR DIST. 22. LALU, S/O.THOMAS, AGED 47 YEARS VETTIKATTIL HOUSE, KALLANGODE, CHERUPUZHA PO, KANNUR DIST. Bail Appl..No. 3994 of 2009 23. BABY, S/O.JOHN, AGED 36 YEARS, INPHIKAL HOUSE, CHITTADI PO, TALIPARAMBA TALUK, KANNUR DIST. 24. SHAJI, S/O. THANKAPPAN, AGED 40 YEARS, NELLIKUNNEL HOUSE, CHITTADI PO, TALIPARAMBA TALUK, KANNUR DIST. 25. SUDHEESH, S/O. SUJATHA, AGED 24 YEARS PANTHAMAKKAL HOUSE, KALLANKODE, CHERUPUZHA PO, KANNUR DIST. 26. THANKACHAN, S/O.VELAYUDHAN, AGED 40 YEAR S THENGANAL HOUSE, CHERUPUZHA PO, KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: -------------------------------------------------- THE STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DIST,. REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM,. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3994 of 2009 ------------------------------------ Dated this the 17th day of September, 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 18 and 20 to 27 in Cr. No.100/2009 of Alakode Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 326 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 16/5/2009, the date on which Parliament Election results were declared. The place in question comes under Kannur Parliament Constituency. It is submitted by the learned counsel for the petitioners that there was a jubilation by the supporters of the successful candidate. According to the petitioners, the persons who were enjoying the victory of the candidates were attacked by the persons belonging to the rival political party and many of them sustained injuries. 4. The learned counsel for the petitioners submitted that in respect of the incidents in which the petitioners and members B.A. No.3994/2009 2 of the political party of the successful candidate are involved, non- bailable offences were added while in respect of the cases in which the supporters of defeated candidate are the accused, bailable offences were added. It is pointed out that political leaders belonging to different places were included as accused in the present case only for the purpose of harassing them. 5. I have perused the Case Diary. The wound certificate shows that the defacto complainant stated to the doctor that he sustained injuries by pelting of stones and beating by hand by a group of people. No use of dangerous weapons is mentioned in the wound certificate. The learned counsel for the petitioners submitted that going by the statement recorded in the wound certificate, no offence under Section 326 of the Indian Penal Code is made out. If at all any offence is made out, it can only be under Section 325 of the Indian Penal Code, submits the counsel. The offence under Section 325 of the Indian Penal Code is bailable. 6. For the purpose of disposal of this application for anticipatory bail, I do not propose to arrive at any finding on the respective contentions put forward. It is not necessary and it is not feasible also. B.A. No.3994/2009 3 7. Taking into account the facts and circumstances of the case, 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 Rs.25,000/- 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 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 scm