IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 7375 of 2009() ---------------------------------------- CRIME NO.468/2009 OF MANGALAPURAM POLICE STATION. .................. PETITIONERS/ACCUSED ----------------------------------- 1. AJI, AGED 31 YEARS, S/O.VELAYUDHAN ASARI VAYANILA VEEDU, ANDOORKONAM P.O., THIRUVANANTHAPURAM. 2. ANWAR, AGED 26 YEARS, S/O.ABDUL KAREEM, ABDUL MANZIL, ANDOORKONAM, THIRUVANANTHAPURAM. BY ADV. MR.G.P.SHINOD RESPONDENTS/COMPLAINANT STATE AND INVESTIGATING OFFICER ----------------------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, ATTINGAL, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7375 of 2009 ------------------------------------ Dated this the 20th 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.468 of 2009 of Mangalapuram Police Station,Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 143, 147, 149, 452, 323, 324 and 427 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 11/01/2010, 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. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 14th and B.A. No. 7375/2009 2 15th January, 2010. Post on 20/01/2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No. 468 of 2009 of Mangalapuram Police Station, Thiruvananthapuram. The petitioners shall produce 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 petitioners have complied with the direction contained in the order dated 11/01/2010. 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. 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 B.A. No. 7375/2009 3 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 scm