IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 6691 of 2009 CRIME NO.570 OF 2009 OF KILIKOLLOOR POLICE STATION PETITIONERS: ACCUSED NOS.7 & 9: -------------------- 1. RMS S. SAJEEV, S/O. LATE SAJ K.S., UDAYA BHAVANAM, PUNUKANOOR, PERUMPUZHA, KOLLAM. 2. KUTTAN @ GOPAKUMAR, S/O. GOPINATHAN, GOPIKA BHAVANAM, T.K.M.C. P.O., KARICODE, KOLLAM. BY ADV. SRI.ALAN PAPALI RESPONDENT: COMPLAINANT; --------------- STATE OF KERALA, (CRIME NO. 570/2009) OF KILIKOLLOOR POLICE STATION) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6691 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.7 and 9 in Crime No.570 of 2009 of Kilikolloor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 427, 323, 506(ii) and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 1.12.2009, 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 B.A. NO. 6691 OF 2009 :: 2 :: before the investigating officer at 9 AM on 8th and 9th December, 2009. Post on 15.12.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.570 of 2009 of Kilikolloor Police Station, Kollam. 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 direction in the order dated 1.12.2009 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 1.12.2009 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 Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 6691 OF 2009 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, 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 ahz/