IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 7315 of 2011() ----------------------------- Crime No.376 of 2011 of Keezhvaypur Police Station, Pathanamthitta District. PETITIONERS/ACCUSED NO.2,6,7 & 8 ---------------------------------------------------- 1. PRAMOD, S/O.RADHAKRISHNA PILLAI, ANAKUZHIYIL HOUSE, PARIYARAM, MALLAPPALLY. 2. THANKACHAN, THAMARASSERIYIL HOUSE, ANAKKUZHY, PARIYARAM, MALLAPPALLY. 3. SASIDHARAN, KARUTHANADIYIL, PARIYARAM, MALLAPPALLY. 4. THANKAPPAN NAIR, ANAKUZHIYIL HOUSE, PARIYARAM, MALLAPPALLY. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANTS --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7315 OF 2011 --------------------------------- Dated this the 2nd day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 2, 6, 7 and 8 in Crime No.376 of 2011 of Keezhvaypur Police Station, Pathanamthitta District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 324, 427 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 19th October, 2011, the following order was passed: “3. The allegation is that on 13.8.2011 at 10.30 P.M, the defacto complainant and others were attacked by the accused persons with cycle chain, iron rod, sword stick and other weapons. The defacto complainant and B.A.No. 7315 OF 2011 2 another sustained injuries. 4. The learned counsel for the petitioners submitted that petitioners 2, 3 and 4 are aged respectively 65, 55 and 60 years. It is also submitted that the children of petitioners 2 to 4 were arrested and they remained in jail for quite some time. 5. Taking into account the facts and circumstances of the case and the age of the petitioners, I am of the view that before considering the question of granting anticipatory bail, the petitioners 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 24th and 25th October, 2011. 6. Post on 1st November, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.376 of 2011 of Keezhvaypur Police Station, till 4th November, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 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 19th October, 2011 has been B.A.No. 7315 OF 2011 3 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 19th October, 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 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 report before the investigating officer between 9 A.M and 11 A.M on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioners shall not commit any offence B.A.No. 7315 OF 2011 4 or indulge in any prejudicial activity while on bail. e) The petitioners shall cooperate with the investigating officer in the matter of investigation. f) 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