IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6058 of 2011() ------------------------- Crime No.305 of 2011 of Poochackal Police Station, Alappuzha District. PETITIONERS : ACCUSED ---------------------- 1. MOHANAN, S/O.VASU,ARACKAPARAMBIL, MANAPPURAM P.O.,CHERTHALA,ALAPPUZHA DISTRICT. 2. SAJEEVAN,S/O.KRISHNAN ACHARY, ANJILIKKATUVELI, MANAPPURAM P.O.,CHETHALA, ALAPPUZHA DISTRICT 3. SARATH, KIZHAKKECHERIKAL, POOCHACAKL P.O., CHERTHALA, ALAPPUZHA DISTRICT BY ADV. SRI.B.PRAMOD RESPONDENT: --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.6058 of 2011 ----------------------------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 4 and 2 respectively in Crime No.305 of 2011 of Poochackal Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 294(b) and 427 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 05/08/2011, 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 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 10/08/2011 and 11/08/2011. Bail Appln.No.6058/2011 : 2 : 5. Post on 16/08/2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.305 of 2011 of Poochakal Police Station, till 19/08/2011.” 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 05/08/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 05/08/2011 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 appear before the investigating officer for interrogation as and when required; Bail Appln.No.6058/2011 : 3 : 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 skj