IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 8651 of 2011() ----------------------------- Crime No.991 of 2011 of Parasala Police Station. PETITIONERS/2ND & 3RD ACCUSED ------------------------------------------------- 1. JAYAKUMAR.B, AGED 52 YEARS, S/O.BALAKRISHNAN,DURGA BHAVAN,PULLIYIKKAL, MANCHIVILAKAM,NEYATTINKARA(KOLLAYIL VILLAGE). 2. DILJITH.J.P,AGED 18 YEARS, S/O.JAYAKUMAR,DURGA BHAVAN,PULIYIKKAL, MANCHAVILAKAM,NEYATTINKARA(KOLLAYIL VILLAGE). BY ADV. SRI.T.O.XAVIER RESPONDENT(S): STATE -------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.(CRIME NO.991/2011 OF PARASSALA POLICE STATION) BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.8651 of 2011 ---------------------------------------------- Dated this the 9th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.991 of 2011 of Parasala Police Station. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 323, 324, 427 and 354 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10th November, 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 B.A.No. 8651 OF 2011 2 investigating officer on 17/11/2011 and 18/11/2011. 5. Post on 24/11/2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.991 of 2011 of Parasala Police Station, till 25/11/2011. 7. 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 10th November, 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 10th November, 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/- B.A.No. 8651 OF 2011 3 (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 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. f) 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