IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5754 of 2011() ----------------------------- CRMP.1880/2011 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. (CRIME NO.266 OF 2011 OF MANNANCHERRY POLICE STATION) .................... PETITIONERS/ACCUSED 1 &3 -------------------------------------------- 1. AJI P.C., S/O.CHELLAPPAN, AGED 38 YEARS, PARIYARATHU VEEDU, WARD NO.10, KANJIKUZHY PANCHAYATH, MUHAMMA P.O., ALAPPUZHA DISTRICT. 2. VIPIN, S/O.RAJU, AGED 21 YEARS, VELIYIL VEEDU, WARD NO.2, MANNANCHERRY PANCHAYATH, ALAPPUZHA DISTRICT. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MANNANCHERRY POLICE STATION, ALAPPUZHA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.5754 of 2011 ------------------------------- Dated this the 5th 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 and 3 in Crime No.266 of 2011 of Mannancherry Police Station. 2. The offences alleged against the petitioners are under Sections 324, 323, 294(b) and 308 of the Indian Penal Code. 3. When the Bail Application came up for admission on 21st July, 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 B.A.No.5754 of 2011 2 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 27th and 28th July, 2011. 5. Post on 2nd August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.266 of 2011 of Mannanchery Police Station till 4th August, 2011. 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 21st July, 2011 has been complied with by 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 21st July, 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 B.A.No.5754 of 2011 3 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 report before the investigating officer between 9 A.M and 11 A.M on every Monday, 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. cms