IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5463 of 2009 CRIME NO.191 OF 2009 OF ALAKODE POLICE STATION PETITIONERS: ACCUSED NOS.1 & 5: -------------------- 1. VIPIN @ BIBIN, S/O.BABY, AGED 21 YEARS, TAXI DRIVER, CHAMAKKALAYIL HOUSE, ALAKODE P.O., ALAKODE AMSOM, KANNUR DISTRICT. 2. RAJITH @ VIJESH, S/O.VIJAYAN, AGED 20 YEARS, PAINTER, KARINKARAPALLIYIL HOUSE, KANIYANCHAL, VELLAD P.O., VELLAD AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: COMPLAINANT: --------------- THE STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2009, ALONG WITH BA NO.5340 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 5463 & 5340 OF 2009 ------------------------------------------------------ Dated this the 16th day of October, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. B.A.No.5463 of 2009 is filed by accused Nos.1 and 5 and B.A.No.5340 of 2009 is filed by accused Nos.2 and 4 in Crime No.191 of 2009 of Alakode Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452, 341, 323, 324 and 427 read with Section 149 of the Indian Penal Code. 3. When the Bail Applications came up for hearing on 1.10.2009, 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 B.A. NO. 5463 & 5340 OF 2009 :: 2 :: before the investigating officer at 9 AM on 12.10.2009 and 13.10.2009. Post on 16.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.191 of 2009 of Alakode Police Station.” 4. Learned counsel for the petitioners submitted that the petitioners have complied with the direction in the order dated 1.10.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances and also the fact that the direction in the order dated 1.10.2009 has been complied with, 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 satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 5463 & 5340 OF 2009 :: 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. These Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/