IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 786 of 2010() ---------------------------- CRIME NO.109/2010 OF KODAKKAL POLICE STATION, KOLLAM DISTRICT PETITIONERS: ACCUSED 2 & 3 ------------------------------------------ 1. SAJEEV, AGED 32 YEARS, S/O.ABDUL SAMAD SHIHAB MANZIL,KOTTUKKAL PO, KOTTARAKKARA TALUK KOLLAM DISTRICT. 2. DILEEP, AGED 35 YEARS S/O.ABDUL ZEEZ, DEEPA MANZIL, KOTTUKAL PO KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- STATE OF KERALA REP BY S.I.OF POLICE, KODAKKAL, KOLLAM DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.786 of 2010 --------------------------------------------- Dated this the 23rd 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.2 and 3 in Crime No.109 of 2010 of Kodakkal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 10.3.2010, 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 officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 16th and 17th March, 2010. Post on 23.3.2010. It is submitted by the learned Public B.A No.786/2010 2 Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.109 of 2010 of Kodakkal Police Station, Kollam. The petitioners shall produce a copy of the order before the investigating officer.” 4. 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 10.3.2010 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 10.3.2010 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 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.786/2010 3 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