IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5575 of 2011() ----------------------------- CRIME NO.715/2011 OF KUNNIKODE POLICE STATION KOLLAM DISTRICT PETITIONERS/ACCUSED: --------------------- 1. AJIMON, S/O.LATE MOHAN DAS, N.M.HOUSE, SASTHRI JUNCTION, AVANEESWARAM, VILAKUDY, PATHANAURAM, KOLLAM DISTRICT. 2. NOUSHAD, S/O.MYTHEEN KUNJU, FATHIMA MANZIL, KUNNICODE, VILAKUDY, PATHANAPURAM, KOLLAM DISTRICT. 3. NAZAR, S/O.YOONUS KUNJU, PALLIYAZHIKATHU VEEUD, PULIMUKKU, AVANEESWARAM, VILAKUDY, PATHANAPURAM, KOLLAM DISTRICT. 4. GIREESH, S/O.SUDHAKARAN, MANNOOR KIZHAKKETHIL VEEDU, SASTHRI JUNCTION AVANEESWARAM, VILAKUDY, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY SRI.K.SURESH BABU (PUNALUR) RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. THE SUB INSPECTOR OF POLICE, KUNNIKODE POLICE STATION, PATHANAMTHITTA DISTRICT, PIN-691 508. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5575 of 2011 ---------------------------------------------- Dated this the 27th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.715 of 2011 of the Kunnikode Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 283, 188 & 149 of the Indian Penal Code and 3(1) of P.D.P.P.Act. 3. When the Bail Application came up for admission on 14/07/2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. The offences alleged against the petitioners coming under the provisions of the Indian Penal Code are all bailable. The only offence alleged against the petitioners which is non- bailable is the offence under Section 3(1) of the P.D.P.P. Act. The prosecution case as regards the same is that the 3rd accused had broken the head light of a K.S.R.T.C. bus. 5. Taking into account the facts and circumstances of the case and the nature of the Bail Appln.No.5575/2011 : 2 : offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 20/07/2011 and 21/07/2011. 6. Post on 27/07/2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.715 of 2011 of the Kunnikode Police Station, Kollam District, till 31/07/2011”. 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 14/07/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 14/07/2011 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to Bail Appln.No.5575/2011 : 3 : 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 all 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 skj