IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 6070 of 2011() ----------------------------- CRIME NO.827/2011 OF KUNNAMKULAM POLICE STATION, THRISSUR .................... PETITIONERS: ACCUSED 1-3 ------------------------------- 1. SHARAFUDHEEN, S/O.KUNHIMUHAMMED, AGED 32 YEARS, THAZHATHETHIL HOUSE, KARIKAD DESOM AND VILLAGE, TALAPPILLY TALUK. 2. YAHIYA @ YAHIYA THANGAL, S/O.M.K.THANGAL, ATHILAYIL HOUSE, PERUMPILAVU DESOM AND VILLAGE, TALAPPILLY TALUK. 3. BASHEER, S/O.KUNHIMUHAMMED, AGED 44 YEARS, THAZHATHETHIL HOUSE, KARIKAD DESOM AND VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6070 of 2011 --------------------------- Dated this the 22nd day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.827 of 2011 of Kunnamkulam Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 341, 308, 323 and 506(i) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 26.8.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and BA 6070/2011 2 circumstances of the case and the nature of the offence, 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 1st and 2nd September, 2011. 5. Post on 5th September, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.827 of 2011 of Kunnamkulam Police Station, till 7.9.2011. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this 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 in the order dated 26.8.2011 has been complied with by BA 6070/2011 3 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 26.8.2011 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 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; BA 6070/2011 4 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 csl BA 6070/2011 5 K.T.SANKARAN, J. --------------------------- B.A.No.6070 of 2011 --------------------------- Dated this the 26th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.827 of 2011 of Kunnamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 341, 308, 323 and 506(i) read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the BA 6070/2011 6 case and the nature of the offence, 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 1st and 2nd September, 2011. 5. Post on 5th September, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.827 of 2011 of Kunnamkulam Police Station, till 7.9.2011. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer. K.T.SANKARAN JUDGE BA 6070/2011 7 csl Hand over copy