IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5743 of 2011 CRIME NO.317 OF 2011 OF PATHANAMTHITTA POLICE STATION. PETITIONERS: ACCUSED NOS.4 AND 5: -------------------- 1. N.A. VIJAYAN ACHARI, AGED 55 YEARS, S/O. R.K. ACHARI, NAVARATNA BHAVAN, KODUNTHARA, PATHANAMTHITTA. 2. N.M. SURESH KUMAR, AGED 29 YEARS, S/O.N.I. MOHANAN ACHARI, NAVARATNA BHABVAN, KODUNTHARA, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT: STATE: ---------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5743 OF 2011 ------------------------------------------------------ Dated this the 3rd 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.4 and 5 in Crime No.317 of 2011 of Pathanamthitta Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 149, 294(b), 451, 323, 324 and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 25th July, 2011, the following order was passed: “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 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 28th and 29th July, 2011. Bail Appl. NO.5743 of 2011 :: 2 :: 5. Post on 3rd August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.317 of 2011 of Pathanamthitta Police Station, till 5th August, 2011.” 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 25th 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 25th 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 only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appl. NO.5743 of 2011 :: 3 :: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/