IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2724 of 2009 CRIME NO.164/2009 OF PARAPPANANGADI POLICE STATION PETITIONER: ACCUSED: ---------------------------- ISAHAQUE, S/O.ABOOBACKER, PITHAPERI HOUSE, CHAPPAPADY, PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2724 OF 2009 ------------------------------------------------------ Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 164 of 2009 of the Parappanangadi Police Station. 2. The offence alleged against the petitioner are under Sections 341 and 308 of the Indian Penal Code. 3. The prosecution case is that the accused attacked the de facto complainant with a wooden reaper. The wound certificate shows only minor injuries. It is stated in the First Information Statement that the de facto complainant is a CPI(M) worker and the accused is a Muslim League worker. The case of the petitioner is that the case was foisted against him due to political rivalry. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the B.A. NO. 2724 OF 2009 :: 2 :: officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioner 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 ahz/