IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 3068 of 2009() ----------------------------- CRIME NO.171/2009 OF NADAPURAM POLICE STATION PETITIONERS/ACCUSED : --------------------------------------- 1. PUTHANPURAYIL HASHIM,AGED 17 YEARS, S/O. ABOOBACKER,PUTHANPURAYIL HOUSE. 2. SIJAD, AGED 22 YEARS, S/O.ABDUL JALEEL, MOYARKANDIYIL HOUSE. 3. MOHAMMED ALI, AGED 19 YEARS, S/O. MAHAMMOD, KUNHIKATTIL HOUSE. 4. MOHAMMED NIYAS, AGED 19 YEARS, S/O. MOOSA, MUNDAYODAN POYIL HOUSE. 5. CHATHOTH RASHEED, AGED 18 YEARS, S/O. POKKER, CHATHOTH HOUSE BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY S.H.O. NADAPURAM POLICE STATION,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3068 of 2009 ---------------------------- Dated this the 18th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are respectively accused Nos.1, 3, 4, 6 and 7 in Crime No.171 of 2009 of Nadapuram Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148 and 506(1) read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 16.5.2009, while the defacto complainant was coming from the place of his work, the accused persons came in front of a mosque and hurled explosive substances on him shouting that he must be killed. 4. I have gone through the case diary. Some of the persons, questioned by the police, disclosed to the police that the first accused had not gone out to the house on the date of the incident. One of his relatives had come from abroad and the first accused was through out in his house. Therefore, I am inclined to grant anticipatory bail to the first accused, Hashim. BA No.3068/2009 2 5. In so far as the other petitioners are concerned, they stand on a different footing. On going through the case diary, I am not, prima facie, inclined to accept the case put forward by the learned counsel for the petitioners that there are no materials to connect those accused persons with the offence. The investigation is not complete and if anticipatory bail is granted to petitioners No.2 to 5, it would prejudicially affect the proper investigation of the case. Accordingly, there will be a direction that in the event of the arrest of the first accused (Hashim), the 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 first 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 first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The first 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 first petitioner shall surrender before the Magistrate concerned and seek regular BA No.3068/2009 3 bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The prayer for anticipatory bail made by petitioners No.2 to 5 is rejected. 6. The learned counsel for the petitioners submitted that the second petitioner (Sijad), who is the third accused in the case, has to appear for an examination on 24.6.2009 at Akbar Academy of Airline Studies, Kozhikode. In the event of arrest of the second petitioner (Sijad), arrangements shall be made to take him to the examination centre on that day so that he can appear for the examination. The Bail Application is partly allowed as above. K.T.SANKARAN, JUDGE csl