IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4437 of 2009() ----------------------------- CRIME NO. 456/2009 OF SASTHAMKOTTA POLICE STATION ............................. PETITIONERS/ACCUSED NO.1 &2: ----------------------------------------------- 1. MUHAMMED SHAN, AGED 21 YEARS, S/O.IBRAHIMKUTTY, KUMBILUVILAYIL, PALLISERIKKAL MURI, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAN DIST. 2. AMEER, AGED 19 YEARS, S/O.HASSANKUNJU,MK.BHAVAN, PALLISERIKKAL MURI SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ABHILASH AKBAR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REP.BY S.I.OF POLICE, SASTHAMKOTTA POLICE STATION, NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4437 of 2009 ------------------------------------ Dated this the 26th day of August, 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.1 and 2 in Crime No.456/2009 of Sasthamkotta Police Station. 2. The offences alleged against the petitioners are under Sections 452, 323, 324 read with Section 34 of the Indian Penal Code. 3. Originally Section 326 was included. The learned Public Prosecutor submitted that Section 326 was subsequently deleted and instead, Section 324 was added. 4. When the Bail Application came up for hearing on 11.08.2009, the following order was passed: “ The petitioners submitted that they are prepared to co-operate with the investigation and that they are prepared to appear before the investigating officer. The petitioners shall appear before the investigating officer on 17.08.2009 and 18.08.2009 at 9. A.M. for interrogation. It is submitted by the learned Public Prosecutor that B.A. No. 4437 of 2009 2 the petitioners will not be arrested till then.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners appeared before the investigating Officer on 17.08.2009 and 18.08.2009 and their statements were recorded. In view of the compliance of the order dated 11.08.2009, 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: 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. B.A. No. 4437 of 2009 3 The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln