IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6209 of 2011 CRIME NO.598 OF 2011 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONERS/ ACCUSED NOS.7 AND 5: ------------------------------------------------------ 1. RENJITH, S/O.PRASOBHA, NELLIKADUVILA VEEDU, KUNNUMMEL, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. 2. ANZ, S/O.SURENDRAN, POIKAYIL VEEDU, KUNNUMMEL, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6209 of 2011 C ------------------------------------------------------ Dated this the 22nd 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.7 and 5 in Crime No.598 of 2011 of Kilimanoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 294(b) and 324 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. When the Bail Application came up for admission on 9th August, 2011, the following order was passed: “4. Taking into account the facts and 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 Bail Appl. NO.6209 of 2011 :: 2 :: directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 16th and 17th August, 2011. 5. Post on 22nd August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.598 of 2011 of Kilimanoor Police Station, Thiruvananthapuram District, till 25th August, 2011. 7. 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.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 9th August, 2011 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 9th August, 2011 has been complied Bail Appl. NO.6209 of 2011 :: 3 :: 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) 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, for a period of two months; 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 ahz/