IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6366 of 2011() ----------------------------- CRIME NO.216/2011 OF PANAMARAM POLICE STATION, WAYANAD .................... PETITIONER :ACCUSED 1 TO 5 & 10 ------------------------------------------ 1. SHIJU K.P,S/O.PARAMESWARAN, PALLATHUTHADATHIL HOUSE,NERVARAM P.O., PANAMARAM, MANANTHAVADY TALUK, WAYANAD DIST 2. ANOOP P.G,S/O.GOPALAN, PARAPURATH HOUSE, KAYAKKUNU P.O.,MATHOORVAYAL PANAMARAM,MANANTHAVADY TALUK, WAYANAD DIST 3. SERATH @ SHARAFUDEEN, S/O.MUHAMMED CHALOTH NATTUMMEL HOUSE, PANAMARAM P.O., KAITHAKKAL, MANANTHAVADY TALUK, WAYANAD DIST 4. PRATHEESH P.K,S/O.BALAGOPALAN, PRATHEESH NIVAS HOUSE,CHERUKATTOOR P.O., PANAMARAM, MANATHAVADY TALUK, WAYAND DIST 5. UKKASH T.M,S/O.MUHMAMMED MUSLIYAR, THATTETH HOUSE, PANAMARAM P.O.,KAITHAKKAL, MANATHAVADY TALUK,WAYANAD DIST 6. SUNEESHKUMAR, S/O.VELAYUDHAN, ERAMBIL HOUSE,PANAMARAM P.O., MATTHOORVAYAL,MANANTHAVADY TALUK, WAYANAD DIST BY ADV. SRI.JIJO JOSEPH RESPONDENT(S): --------------- SUB INSPECTOR OF POLICE, PANAMARAM POLICE STATION, MANANTHAVADY,WAYANADU REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6366 of 2011 --------------------------- Dated this the 25th day of August, 2011 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 to 5 and 10 in Crime No.216 of 2011 of Panamaram Police Station, Wayanad District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308 and 294(b) read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10.8.2011, 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 offence, I am of the view that before BA 6366/2011 2 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 17.8.2011 and 18.8.2011. 5. Post on 23.8.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.216 of 2011 of Panamaram Police Station, Wayanad, till 25.8.2011. 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 10.8.2011 has been complied with by BA 6366/2011 3 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 10.8.2011 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 for a period of two months; 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 ; BA 6366/2011 4 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 csl BA 6366/2011 5 K.T.SANKARAN, J. --------------------------- B.A.No.6366 of 2011 --------------------------- Dated this the 10th day of August, 2011 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 to 5 and 10 in Crime No.216 of 2011 of Panamaram Police Station, Wayanad District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308 and 294(b) read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BA 6366/2011 6 4. Taking into account the facts and circumstances of the case and the nature of the offence, 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 17.8.2011 and 18.8.2011. 5. Post on 23.8.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.216 of 2011 of Panamaram Police Station, Wayanad, till 25.8.2011. 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. BA 6366/2011 7 K.T.SANKARAN JUDGE csl