IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3492 of 2011 ------------------------------------- [F.I.R NO.68/2011 OF THE NATTUKAL POLICE STATION, MANNARKKAD, PALAKKAD] .................... PETITIONERS: --------------------- 1. VINOD, S/O.KESAVAN, AGED 32, MANIKKATH HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 2. SREENIVASAN, S/O.GOVINDAN NAIR, AGED 44, UTTUPURATH HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 3. PRADEEP, S/O.RAMACHANDRAN, AGED 26, KORAMKOTTIL HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 4. JAYAKRISHNAN, S/O.GOPALAN, AGED 36, KAINISSERRY HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 5. VIPINDAS, (ORIGINALLY SHOWN AS SUNILDAS IN FIR, CONSEQUENTLY IN ANNEXURE A ORDER ALSO), S/O.RAMADAS, AGED 26, KAINISSERRY HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 6. JAYAPRAKASAN, S/O.NARAYANAN, AGED 35, PALLIYALIL HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 7. SURESH, S/O.KRISHNAN, AGED 30, KAAMAKKAYIL HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. B.A. NO.3492/2011: 8. KRISHNADAS, S/O.NARAYANAN, AGED 30, MELATHARAYIL HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 9. RAJEESH, (SHOWN AS RAJEEV IN FIR, CONSEQUENTLY IN ANNEXURE A ORDER ALSO), S/O.VELAYUDHAN, AGED 24, CHERUTHALA HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 10. KRISHNAKUMAR, S/O.VENUGOPAL, AGED 28, MANIKKATH HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. 11. SUBINDAS, S/O.RAMADAS, AGED 24, KAINISSERY HOUSE, CHALAVA, UPPUKULAM P.O., EDATHANATTUKARA, PALAKKAD DISTRICT. BY ADVS. SRI.SAJAN VARGHEESE .K, SRI.LIJU. M.P. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, MANNARKKAD, PALAKKAD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. C.M. CHARISMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No. 3492 OF 2011 --------------------------------------- Dated this the 13th day of May, 2011 ORDER Petitioners are the accused in Crime No.68/2011 of Nattukal Police Station. It was registered under Sections143, 147, 148, 294(b), 323, 324 and 452 read with Section 149 of IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. 3. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioners will appear before the investigating officer on 20.5.2011 or 21.5.2011. The investigating officer after interrogation will produce the accused before the Magistrate. If integorration is over, the learned Magistrate will pass appropriate orders considering the bail applications filed by the petitioners. However, the petitioners shall be released only B.A.No.3492/11 2 on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iii. The accused and the sureties shall not leave the jurisdiction of that Court without the prior permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioners will furnish the correct residential address and should also make available land phone B.A.No.3492/11 3 number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE acd B.A.No.3492/11 4