IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3618 of 2009() ------- ----------------------------- CRIME NO. 168/2009 OF VALIYATHURA POLICE STATION PETITIONER: -------------------- EDWIN ALEX, S/O.ALEX, INSTRUCTOR, ST. MICHAELS VHSS, KUMBALAM , KOLLAM , RESIDING AT TC 44/728, OLG NAGAR, VALLAKADAVU. P.O., VALIYATHURA, THIRUVANANTHAPURAM. BY ADV. SRI. G. SUDHEER RESPONDENT : -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3618 of 2009 ------------------------------------ Dated this the 28th 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 petitioner is the accused No.9 in Crime No.168 of 2009 of Valiyathura Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 283, 333,326,427 and 307 of the Indian Penal Code and Section 3 (1) of P.D.P.P. Act and Section 38 of Kerala Police Act. 3. The prosecution case is that on 05.04.2009, there occurred a clash between two groups of Christians at Valiyathura. It is alleged that police was also attacked. A Police Officer sustained grievous injury. The case is registered stating that about 200 persons are involved in the offence. 4. The learned counsel for the petitioner submitted that the petitioner was appointed as Presiding Officer and Polling officer as per Order dated 05.04.2009 issued by the District Election Officer and District Collector, Kollam and that he was not B.A.No. 3618 of 2009 2 involved in the offence. Though the election was to take place on 15.04.2009, the petitioner was engaged in various duties from 05.04.2009. 5. It is not necessary to arrive at a finding on the contention raised by the petitioner while disposing of this Bail Application. Any such finding would cause prejudice either to the prosecution or to the accused. 6 Taking into account the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that the petitioner shall surrender before the investigating officer on any date between 3rd August and 6th August, 2009. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail 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 every Sunday, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when B.A.No. 3618 of 2009 3 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) 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 ln