IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4402 of 2009() ----------------------------- CRMP.1666/2009 of DISTRICT COURT, KALPETTA CRIME NO.132/2009 OF AMBALAVAYAL POLICE STATION. .................... PETITIONERS/ACCUSED: -------------------------------------- 1. HAMSA K., S/O.K.T.MUHAMMAD, AGED 32 YEARS, KALATHILTHODIKA HOUSE, KOTTOOR, VADUVACHAL P.O., WAYANAD DISTRICT. 2. EBRAHIM K., S/O.K.T.MUHAMMAD, AGED 39 YEARS, KALATHILTHODIKA HOUSE, KOTTOOR, VADUVACHAL P.O., WAYANAD DISTRICT. 3. ISMAYIL K., S/O.K.T.MUHAMMAD, AGED 28 YEARS, KALATHILTHODIKA HOUSE, KOTTOOR, VADUVACHAL P.O., WAYANAD DISTRICT. 4. MUSTAFA K., S/O.KOYA, AGED 36 YEARS, KORADAN HOUSE, KADVATHUVAYAL, VADUVACHAL P.O., WAYANAD DISTRICT. 5. K.BASHEER, S/O.KOYA, AGED 30 YEARS, KORADAN HOUSE, KOTTOOR, VADUVACHAL P.O., WAYANAD DISTRICT. 6. HAMEED P.H., S/O.MUHAMMEDKUTTY, AGED 39 YEARS, PUTHUKUDI HOUSE, KALLIKKENY, VADUVACHAL P.O., WAYANAD DISTRICT. 7. IBRAHIM M., S/O.MUHAMMAD, AGED 35 YEARS, EARATH HOUSE, PUTHUKUDI, KALLIKKENY, VADUVACHAL P.O., WAYANAD DISTRICT. 8. MUHAMMAD P.K. @ MEHAMMUD, S/O.ABDURAHIMAN, AGED 38 YEARS, PUTHUKUDI HOUSE, CHELLANGODE P.O., WAYANAD DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENTS/STATE AND COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION, WAYANAD DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4402 of 2009 ------------------------------------ Dated this the 11th day of August, 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.2 to 5 and 7 to 9 in Crime No.132/2009 of Ambalavayal Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 342, 506(ii), 324 and 308 read with Section 149 of the Indian Penal Code. 3. I have gone through the Case Diary. The wound certificates relating to the defacto complainant and others do not disclose any serious injuries. Annexure (C) is produced by the petitioners to show that Crime No.132/2009 was registered on the information given by Mariyam, mother of the petitioners 1 to 3. It would appear that in the marriage reception of the son of one Koradan Muhammed, there arose a dispute when some of the persons who attended the reception were found drunk and when some other persons questioned the same. There was exchange of words. In Annexure (C) F.I.R., Mariyam states that B.A. No.4402/ 2009 Page numbers the accused therein forcibly entered into her residential compound and attacked her on account of the fact that her children questioned the persons who were alleged to have consumed alcohol and attended the marriage reception. The date and time of occurrence in Crime No.132/2009 was on 4/07/2009 at 8 A.M.. The incident in Crime No.132/2009 in respect of this Bail Application is alleged to have occurred on 4/07/2009 at 7.30 A.M.. The allegation involved in the present case is that on account of the same incident, the accused persons assaulted the defacto complainant and others and they sustained injuries. 4. 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: B.A. No.4402/ 2009 Page numbers A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all 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 scm