IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1239 of 2010() ----------------------------- CRIME NO.240/2010 OF KUNDARA POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.1,3 & 4 --------------------------------------------------- 1. UDAYA KUMAR, AGED 30 YEARS, S/O. PARAMESWARAN PILLAI, GEETHA BHAVAN, KODANGARA CHERI, KODANGARA VILLAGE, CHANDANA THOPPU, KOLLAM. 2. MINIL, AGED 30 YEARS, S/O.ARAVINDAKSHAN, PALLICKAL LAKSHAM VEEDU, KODAKARA VILLAGE, KOTTANKARA CHERI, CHANDANA THOPPU, KOLLAM. 3. VIJAYAKUMAR @ MONKUTTAN, S/O. VASANTHAN, KONNAKODUVILA, KARTHIKA NIVAS, PEROORCHERRI THATTARKONAM, KOLLAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.240 OF 2010 OF KUNDARA POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1239 of 2010 --------------------------------------------- Dated this the 7th day of April, 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, 3 and 4 in Crime No.240 of 2010 of Kundara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 294(b), 506(ii), 427 and 452 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 31.3.2010, 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 3.4.2010. The petitioners shall produce a copy of the order before the investigating BA No.1239/2010 2 officer. Post on 7.4.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.240 of 2010 of Kundara Police Station, Kollam District. ” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 31.3.2010 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 31.3.2010 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 BA No.1239/2010 3 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 two months, 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 csl BA No.1239/2010 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.1239 of 2010 --------------------------------------------- Dated this the 31st day of March, 2010 ORDER 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 3.4.2010. The petitioners shall produce a copy of the order before the investigating officer. Post on 7.4.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.240 of 2010 of Kundara Police Station, Kollam District. K.T.SANKARAN, BA No.1239/2010 5 JUDGE csl Hand over copy to both sides.