IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 5879 of 2009() ----------------------------- CRMP.2064/2009 of DISTRICT COURT, KOTTAYAM CRIME NO. 474/2009 OF ETTUMANNOOR POLICE STATION .................... PETITIONERS/ACCUSED: ----------------------------- 1. AJITHKUMAR.M.S., S/O.K.L.SURENDRAN, MANNAMALAYIL HOUSE, PEROOR KARA, PEROOR VILLAGE. 2. BIJO JOSEPH, S/O.P.L.JOSEPH, AGED 30 YEARS, PULLATTU HOUSE, PEROOR VILLAGE. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT/STATE: -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5879 of 2009 ------------------------------------ Dated this the 4th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 2 in Crime No.474/2009 of Ettumannoor Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 341 and 332 read with Section 34 of the Indian Penal Code. 3. An order dated 28.10.2009 was passed directing the petitioners to appear before the investigating officer on 5th and 6th November, 2009. Later, on 18.11.2009, another order was passed, which reads as follows: “When the Bail Application came up for hearing on 18.10.2009, the following order was passed: After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. B.A. No. 5879 of 2009 2 Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 5th and 6th November, 2009. Post on 12.11.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.474/2009 of Ettumannoor Police Station. Hand over copy to both sides. The learned counsel for the petitioners submitted that they appeared before the investigating officer on 5th November, 2009. The investigating officer was not available in the Police Station. The petitioners submit that the police personnel who was present in the Police Station directed them to appear on 7th November, 2009. Accordingly they appeared on 7th November, 2009 also. The petitioners further state that they were directed by the Assistant Sub Inspector of Police to appear on another day. The learned Public Prosecutor submitted that the petitioners failed to comply with the directions contained in the order. They did not appear before the investigating B.A. No. 5879 of 2009 3 officer either on the 5th November, 2009 or on the 6th November, 2009. I thought of appointing a commissioner and directing the petitioners to appear on two other dates. The learned counsel for the petitioners as well as the learned Public Prosecutor submitted that it is not necessary to adopt such a course and that another opportunity could be granted to the petitioners to comply with the directions. Accordingly, there will be a direction to the petitioners to appear before the Investigating Officer at 9 A.M. on 23rd and 24th November, 2009. Post on 30th November, 2009. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 18.11.2009. 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 the petitioners. B.A. No. 5879 of 2009 4 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 Rs.15,000/- 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 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