IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 7602 of 2009 CRIME NO.1057 OF 2009 OF KUNNAMKULAM POLICE STATION PETITIONER/ACCUSED 2 TO 4 --------------------------------------------- 1. PRAMOD, AGED 31 YEARS, S/O.SIVARAMAN, PAMBUNGAL HOUSE, P.O.KAIPARAMBU, THRISSUR DISTRICT. 2. AJI, AGED 27 YEARS, S/O.GANGADHARAN, MULLANAD HOUSE, VETTUKAD, KECHERI, CHETTILAPPARA, KUNNAMKULAM, THRISSUR. 3. PRAJI, AGED 27 YEARS, S/O.GANGADHARAN, MULLANAD HOUSE, VETTUKAD, KECHERI, CHETTILAPPARA, KUNNAMKULAM, THRISSUR. BY ADV. SRI.C.HARIKUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7602 OF 2009 ------------------------------------------------------ Dated this the 4th day of March, 2010 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.2, 3 and 4 in Crime No.1057 of 2009 of Kunnamkulam Police Station, Thrissur District. 2. The offence alleged against the petitioners is under Section 392 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 10.2.2010, 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 AM on 16th and 17th February, 2010. The petitioners shall produce a copy of the order before the investigating officer. B.A. NO. 7602 OF 2009 :: 2 :: Post on 23rd February, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.1057 of 2009 of Kunnamkulam Police Station.” 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 10.2.2010 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 10.2.2010 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. 7602 OF 2009 :: 3 :: 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; 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 ahz/