IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1546 of 2010(S) ------------------------------ CRIME NO.165/2010 OF EAST KALLADA POLICE STATION, KOLLAM RENUMBERED AS CRIME NO.358/2010 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED NOS.5 & 8 ------------------------------------------------ 1. SURESH, S/O. NEPOLIAN, SACHIN NIVAS, KODUVILA P.O., EAST KALLADA, KOLLAM DISTRICT. 2. MADHU, S/O. JEROME, MAHITHA LAND, PADAPPAKKARA, MULAVANA VILLAGE, PERAYAM P.O., KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1546 of 2010 --------------------------------------------- Dated this the 8th day of March, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 8 in Crime No.165 of 2010 of East Kallada Police Station, Kollam District. 2. It is stated that subsequently the crime was renumbered as Crime No.358 of 2010 of Kundara Police Station on transfer of the crime from East Kallada Police Station to Kundara Police Station. 3. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 4. When the Bail Application came up for hearing on 23.3.2010, 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 BA No.1546/2010 2 officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 27th and 28th March, 2010. Post on 5.4.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.165 of 2010 of East Kallada Police Station, Kollam. The petitioners shall produce a copy of the order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 23.3.2010 has been complied with by the petitioners. 6. 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 23.3.2010 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 BA No.1546/2010 3 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: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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) 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 csl