IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5535 of 2011() ----------------------------------------- (CRIME NO.249/11 OF THENMALA POLICE STATION,KOLLAM DISTRICT) ......... PETITIONER(S): ACCUSED NO.1 TO 4: ---------------------------------------------------------- 1. MANOJ, AGED 34 YEARS, S/O. N.VIKRAMAN, IS FIELD ESTATE,NEDUMPANA, ARAYANKAM VILLAGE,PATHANAMTHITTA TALUK, KOLLAM DISTRICT. 2. GOVINDA RAJU,AGED 36 YEARS, S/O.PANDI NAIDU, SHANTHI BHAVANAM, RAJA CHOLA, VENTRUE PO, ARAYANKAM VILLAGE,PATHANAPURAM TALUK, KOLLAM DISTRICT. 3. I.MANSOOR, AGED 30 YEARS, S/O.IRBRAHIM,IS FIELD ESTATE, NEDUMPANA, THENMALA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 4. K.RAJAN, AGED 36 YEARS, S/O.KUNJUKUNJU, RAMESH BHAVANAM, AYIRANALLOOR PO, EDMAN VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADVS. SRI.BIMAL K.NATH, SRI.S.JAMAL, SRI.E.M.SUNIL KUMAR, SMT.SHIMI.M.K. RESPONDENT(S): --------------------------- SUB INSPECTOR OF POLICE , THENMALA POLICE STATION, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------------------- B.A.No.5535 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.249 of 2011 of Thenmala Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 294(b), 323 and 452 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 13th July, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners B.A.No.5535 of 2011 2 should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 20/07/2011. 5. Post on 25/07/2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.249 of 2011 of Thenmala Police Station, till 29/07/2011. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 13th July, 2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 13th July, 2011 has been complied with by the petitioners, 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 B.A.No.5535 of 2011 3 on their executing bond for `10,000/-(Rupees Ten thousand only) 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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. cms