IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8860 of 2011() ----------------------------- CRIME NO.1023/2011 OF KUNNAMKULAM POLICE STATION .................... PETITIONERS/ACCUSED : ---------------------------- 1. K.P.RAMESH,S/O.RAMAKRISHNAN, KAPRASSERY HOUSE,PERUMANNU, KECHERI P.O.,THRISSUR DISTRICT 2. T.C.SEBASTIAN, S/O.CHACKU,THALAKKOTTOOR HOUSE, ERANALLOOR P.O.,MAZHUVANCHERI,THRISSUR DISTRICT 3. P.V.VISWAMBHARAN, S/O.VELUNNI, SREE VALSAM HOUSE, PARAPPUKAVU,KEECHERI P.O., THRISSUR DISTRICT 4. VALSAN, S/O.VALAYUDHAN,CHOONDAPURAKKAL HOUSE, VETTUKAD,KOONAMMOOCHI P.O., THRISSUR DISTRICT 5. P.B.NOWSHAD, S/O.VAVA,PUVATHOOR HOUSE, ERANALLOOR P.O.,MAZHUVANCHERI, THRISSUR DISTRICT 6. P.T.JOSE,S/O.THOMAS, PORATHOOR HOUSE,ERANALOOR P.O., MAZHUVANCHERI,THRISSUR DISTRICT 7. T.S.BINDU, W/O.SUDHEESH, THEKUTTAAYIL HOUSE, PERUMANNU,KECHERI P.O.,THRISSUR DISTRICT BA 8860/11 -2- 8. MAGGI JOHNSON, W/O.JOHNSON,PARYAL,KOONAMMOOCHI P.O., THRISSUR DISTRICT BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8860 of 2011 --------------------------- Dated this the 17th day of November, 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 the accused in Crime No.1023 of 2011 of Kunnamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 353 and 506(i) read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following : On 6.8.2011, after the committee meeting of the Panchayath was over, the accused persons abused the de facto complainant, the Secretary of the Panchayath, unlawfully restrained her and prevented her from discharging her official duties. 4. When the Bail Application came up for admission on BA 8860/11 2 8.11.2011, the following order was passed : “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. 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 14th November, 2011. 6. Post on 17th November, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1023 of 2011 of Kunnamkulam Police Station, till 19th November, 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 8860/11 3 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 8.11.2011 has been complied with by the petitioners. 6. 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 8.11.2011 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 three months or till the final report is filed, whichever is earlier; BA 8860/11 4 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 csl