IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3980 of 2009() -------------------------------------------- CRIME NO.341/2009 OF AROOR POLICE STATION, ALAPPUZHA APPLICANT/ACCUSED NO.1 TO 7 & 9: --------------------------------------------------- 1. ASOKAN,AGED 43 YEARS,S/O.THANKAPPAN, KALLUPEEDIKA NIKARTHU,WARD NO.6,EZHUPUNNA PANCHAYATH. 2. VAISAKH,AGED 20 YEARS,S/O.ASHOKAN, KALLUPEEDIKA NIKARTHU,WARD NO.6,EZHUPUNNA PANCHAYATH. 3. APPU,AGED 18 YEARS,S/O.ASHOKAN, KALLUPEEDIKA NIKARTHU,WARD NO.6,EZHUPUNNA PANCHAYATH. 4. RAGHAVAN,AGED 52 YEARS,ARRADI BHAVAN, WARD NO.6,EZHUPUNNA PANCAYATH. 5. SUSHEN,AGED 27 YEARS,S/O.RAGHAVAN, ARRADI BHAVAN,WARD NO.6,EZHUPUNNA PANCHAYATH. 6. BIJU,AGED 34 YEARS,S/O.RADHA,PUNAMTHADA NIKARTHIL,WARD NO.6,EZHUPUNNA PANCHAYATH. 7. AJI,AGED 32 YEARS,S/O.RADHA, PUNAMTHADA NIKARTHIL,WARD NO.6,EZHUPUNNA PANCHAYATH. 8. VISHNU,AGED 2O YEARS,S/O.MOHANAN, KAYIPURATHU HOUSE,WARD NO.6,EZHUPPUNNA PANCHAYATH. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER,AROOR POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3980 of 2009 ------------------------------------ Dated this the 22nd day of July, 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 7 and 9 in Crime No.341/2009 of Aroor Police Station, Alappuzha. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 427 and 452 read with Section 149 of the Indian Penal Code. 3. I have perused the Case Diary. 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 for a period of one month 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.3980/2009 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) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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