IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 4004 of 2009() ----------------------------- CRIME NO.61/2009 OF KUDIYAMALA POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ 1. MANOJ THOMAS, S/O. THOMAS 34 YEARS, RESIDING AT THANNICKAL HOUSE, POST NELLIKUTTY, VIA CHEMBERI,KANNUR DISTRICT. 2. ANEESH KURIAKOSE ,S/O. KURIAKOSE 29 YEARS, PULICKAL HOUSE, POST NELLIKUTTY, VIA CHEMBERI, KANNUR DISTRICT. 3. LIJO KUNNEL, S/O.JOY,AGED 23 YEARS RESIDING AT KUNNEL HOUSE, POST NELLIKUTTY VIA CHEMBERI, KANNUR DISTRICT. 4. JOSEPH KOTTUKAPPALLY, S/O. THOMAS 52 YEARS, KOTTUKAPALLIKIL HOUSE POST KUNIYANPUZHA,KANNUR DISTRICT. 5. JINTO JOY, S/O.JOY, AGED 23 YEARS RESIDING AT KUNNEL HOUSE, POST NELLIKUTTY VIA CHEMBERI, KANNUR DISTRICT. 6. JOY KUNNEL, S/O.ANTONY, AGED 50 YEARS RESIDING AT KUNNEL HOUSE, POST NELLIKUTTY VIA CHEMBERI, KANNUR DISTRICT. 7. TOMY MATHEW, S/O.MATHEW, AGED 43 YEARS RESIDING AT CHAMAKALAYIL HOUSE,POST NELLIKUTTY VIA CHEMBERI, KANNUR DISTRICT. 8. JOHNY MUNDACKAL, S/O. THOMAS,AGED 53 YEARS, RESIDING AT MUNDACKAL HOUSE, POST NELLIKUTTY VIA CHEMBERI, KANNUR DISTRICT. 9. ANOOP KURIAKOSE, S/O.KURIAKOSE,AGED 20 YEARS, RESIDING AT PULICKAL HOUSE POST NELLIKUTTY VIA CHEMBERI, KANNUR DISTRICT. 10. MATHEW CHAMAKALA, S/O.AUGUSTINE,AGED 50 YEARS,RESIDING AT CHAMAKALA POST NELLIKUTTY VIA, CHEMBERI. BA NO.4004/2009 11. THANKACHAN, S/O.DHAMODARAN, AGED 49 YEARS KANNOOPARAMBIL HOUSE, POST NELLIKUTTY. 12. ALEX MATHEW, S/O.MATHEW,AGED 20 YEARS CHAMAKAMALAYIL, POST NELLIKUTTY. 13. BINOY AUGUSTINE, S/O.AUGUSTINE, AGED 37 YEARS, POST NELLIKUTTY,VIA CHEMBERI. 14. THOMAS, S/O.JOSEPH, AGED 46 YEARS KUZHIMACKAL (H) POST NELLIKUTTY, VIA CHEMBERI. 15. SANOJ JOSE, S/O.JOSE,AGED 26 YEARS RESIDING AT MURIKKMTHOTTATHIL HOUSE, POST NELLIKUTTY. 16. BIJU JOSE, S/O.JOSE, AGED 28 YEARS RESIDING AT NELLIKKATHADATHIL HOUSE, POST NELLIKUTTY, CHEMBERI VIA 17. DEPU JOSE, S/O.JOSE, AGED 29 YEARS RESIDING AT NELLIKKATHADATHIL HOUSE, POST CHUNDAKKUNNU. 18. JUSTISON CHANDIKOLLY,S/O.JOSEPH AGED 23 YEARS,RESIDING AT CHANDIKOLLY, POST CHUNDAKKUNNU. 19. SANOJ PAUL, S/O.PAUL,AGED 27 YEARS ORATHEL HOUSE, POST CHUNDAKKUNNU. 20. ISAC CHAMAKALAYIL, S/O.MATHEW AGED 18 YEARS, POST NELLIKUTTY. BY ADV. SRI.P.C.IYPE SRI.GEORGE MECHERIL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THROUGH THE STATION HOUSE OFFICER OF KUDIYAMALA POLICE STATION REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4004 OF 2009 ------------------------------------------------------ Dated this the 4th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is submitted by the learned Public Prosecutor that petitioners 12, 14, 15, 16, 18 and 19 are not arrayed as accused in Crime No.61 of 2009 of Kudiyanmala Police Station in respect of which the Bail Application is filed. The other petitioners are respectively accused Nos.1 to 7, 11 and 13 to 18 in the case. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 341, 427, 324 and 326 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary. 4. The date of occurrence was on 16.5.2009, the date on which the results of the parliament election were declared. It is B.A. NO. 4004 OF 2009 :: 2 :: stated that the de facto complainant is an active worker of one political party and accused persons belong to the rival political party. The de facto complainant sustained injuries. It is submitted by the learned counsel for the petitioners that the case was foisted against the petitioners due to political rivalry. According to the counsel, there was jubilation on account of the victory of their candidate and at that time the crime was registered against the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to accused Nos.1 to 7, 11 and 13 to 18. There will be a direction that in the event of the arrest of accused Nos.1 to 7, 11 and 13 to 18, the officer in charge of the police station shall release them on bail 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) Accused Nos.1 to 7, 11 and 13 to 18 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.A. NO. 4004 OF 2009 :: 3 :: b) Accused Nos.1 to 7, 11 and 13 to 18 shall appear before the investigating officer for interrogation as and when required; c) Accused Nos.1 to 7, 11 and 13 to 18 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Accused Nos.1 to 7, 11 and 13 to 18 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 ahz/