IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3926 of 2009 CRIME NO.767 OF 2009 OF POTHENCODE POLICE STATION CRL MC 964 AND 965/09 OF SESSIONS COURT,THIRUVANANTHAPURAM PETITIONERS: ACCUSED NOS.2 AND 1: ------------------------------- 1. PRADEEP @ PRIJI, S/O.REGHUNATHAN, AGED 31 YEARS, AUTHORICKSHAW DRIVER, NOW RESIDING AT THONNACKAL COLONY, VENGODE, KUDAVOOR P.O., THIRUVANANTHAPURAM. 2. SAJU, S/O.CHELLAPPAN, AGED 30 YEARS, AUTO RICKSHAW DRIVER, NOW RESIDING AT HOUSE NO.151, THONNACKAL COLONY, VENGODE, KUDAVOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH. K.RAJU SRI.INNOCENT FRANCIS PAPALI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, POTHENCODE. 3. RAJENDRAN NAIR, AGED 40 YEARS, S/O.VASUDEVAN PILLAI, SAKHAVY VEEDU, VENGODE THOPPUVILA, THACHAMPALLI MURIYIL, KEEZHU THONNACKAL VILLAGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3926 OF 2009 ------------------------------------------------------ Dated this the 20th July, 2009 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.2 and 1 respectively in Crime No.767 of 2009 of the Pothencode Police Station. 2. The offence alleged against the petitioners is under Section 394 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 3926 OF 2009 :: 2 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular bail; 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 ahz/