IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 7763 of 2011() ----------------------------- CRIME NO.712/2011 OF PANGOD POLICE STATION THIRUVANANTHAPURAM DISTRICT PETITIONERS/ACCUSED 1 TO 3 : ----------------------------- 1. VIMAL RAJ, AGED 24 YEARS, S/O.THANKARAJAN, SYAM NIVAS, MUTHUVILA. 2. NIKHIL DEV, AGED 21 YEARS, S/O.JAGADEVAN, AKHIL BHAVAN, MADAMKULAM, MUTHUVILA. 3. SAJI.S., AGED 24 YEARS, S/O.SAHADEVAN ASARI, SAJI BHAVAN, MUTHUVILA. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.DANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7763 of 2011 ---------------------------------------------- Dated this the 12th day of October, 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 3 in Crime No.712 of 2011 of Pangod Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 324, 294(b), 354, 427 and 452 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 28/09/2011, 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 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 7th and 8th October, 2011. Bail Appln.No.7763/2011 : 2 : 5. Post on 12th October, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.712 of 2011 of Pangod Police Station, till 14.10.2011. 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 that the direction in the order dated 28/09/2011 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 28/09/2011 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 Bail Appln.No.7763/2011 : 3 : 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 all 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 skj