IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3252 of 2009() ----------------------------------------- CRIME NO.659/2009 OF MUNAMBAM POLICE STATION . PETITIONER/ACCUSED NOS.2,3,4,6,8,9,10: ---------------------------------------------------------- 1. SAJI, S/O.SASI, KALATHIPARAMBIL HOUSE, CHERAYI. 2. RAHUL, S/O.BOBAN, AGED 17 YEARS (MINOR), KOOVAPARAMBIL, CHERAYI. 3. SURAJ, S/O.SURESH, ODAMPALLY HOUSE, CHERAYI. 4. HARI, S/O.GOPALAKRISHNAN, THYCATTUSSERRY, CHERAYI. 5. RAJEEV, S/O.NARAYANAN, PONNUPARAMBIL, CHERAYI. 6. MIDHUN, S/O.BABU, THATTARAMPARAMBIL, CHERAYI. 7. SREEKUMAR, S/O.VIDYAN, PALATHINKAL, CHERAYI. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, MUNAMPAM POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3252 of 2009 ------------------------------------ Dated this the 1st 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.2,3, 4, 6, 8, 9 and 10 in Crime No.659/2009 of Munambam Police Station. 2. The offences alleged against the petitioners are under Section 143, 147, 148, 294(b), 323, 324 and 452 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioners pointed out that Section 452 is included only to see that the petitioners are not granted bail. 4. I have gone through the case diary. The incident occurred on 2/06/2009. No serious injuries are sustained by the defacto complainant and others in the family. It is stated by the defacto complainant that the accused committed the offence on account of enmity of filing of a complaint against them alleging that they consumed alcohol in front of the house of the defacto B.A. No.3252/2009 Page numbers complainant. 5. 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: 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, the petitioners shall surrender before the Magistrate B.A. No.3252/2009 Page numbers concerned and seek regular bail or even before that period. 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