IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 104 of 2009(E) ----------------------------------- CRIME NO.244/06 OF KANJIKUZHY POLICE STATION PETITIONERS/ACCUSED 4 TO 6 : --------------------------------------- 1. ELIAS, CHIRACKA CHALIL HOUSE, PERIYAR VALLEY, RAJAPURAM, IDUKKI DISTRICT. 2. SIBY, KONDADUM KADUPPIL HOUSE, KANJIKUZHY, IDUKKI DISTRICT. 3. K.P.KURIAKOSE, KOZHAKKAT HOUSE, CHURULI, IDUKKI DISTRICT. BY ADV. SRI.S.SREEKUMAR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.104 OF 2009 -------------------------------- Dated this the 29th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 427, 506(ii) and 34 of I.P.C. According to prosecution, there was a clash between two religious faction. Accused nos.1 to 3 belong to the Jacobite faction and accused nos.4 to 6 belong to Orthodox faction and there was some push and pull, while the police came to the spot and second accused hit him with a brick and he was restrained from discharging his duty. Therefore a crime was registered against accused nos.1 to 6. 3. Learned counsel for petitioners submitted that petitioners are accused nos. 4 to 6. There is an order by this court in favour of them allowing them to conduct prayers in the church. As per the order, if anybody from the Jacobite faction wanted to enter the church for prayers, they could give a written request to the vicar and if permission is granted, they could enter the church. But on the particular day, accused nos. 4 to 6 were inside the church compound, while B.A.No.104 of 2009 2 accused nos.1 to 3 wanted to get it into the compound and when this was being prevented, the police came to the scene. The police in order to avoid any calamities, took accused nos. 4 to 6 out of the church and locked the church. In the meanwhile, second accused assaulted defacto complainant, who is a police official. Accused nos. 4 to 6 have not committed any offence and hence, they may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that as per the court's order, accused nos. 4 to 6 are permitted to make prayers in the church and he has no objection in granting anticipatory bail to petitioners. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the B.A.No.104 of 2009 3 satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer as and when directed. ii) Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac