IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6035 of 2009 CRIME NO.601 OF 2009 OF PARIPALLI POLICE STATION, KOLLAM. PETITIONERS: ACCUSED NOS.1 AND 2: -------------------- 1. AJAYAKHOSH V.R., S/O.K.VASUDEVAN, AMMA NILAYAM, KADAYIL KONATHU VEEDU, MEVANAKONAM, KALLUVATHUKKAL, KOLLAM. 2. AJITH KUMAR V.R., S/O . K. VASUDEVAN, AMMA NILAYAM, KADAYIL KONATHU VEEDU, MEVANAKONAM, KALLUVATHUKKAL, KOLLAM. BY ADV. SRI.LIJU. M.P RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PARIPALLI POLICE STATION, PARIPALLI, KOLLAM, THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6035 OF 2009 ------------------------------------------------------ Dated this the 12th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.601 of 2009 of Paripalli Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 379 and 506(ii) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 29.10.2009, 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 before the investigating officer at 9 AM on 5th and 6th November, 2009. B.A. NO. 6035 OF 2009 :: 2 :: Post on 12th November 2009. The petitioners shall produce a copy of the order before the investigating officer. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.601 of 2009 of Paripalli Police Station, Kollam District.” 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 29.10.2009 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 29.10.2009 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 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. 6035 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/