IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 4901 of 2009(E) ----------------------------------------- (CRIME NO.214/2009 OF IDUKKI POLICE STATION) ......... PETITIONERS: --------------------- 1. THOMAS, AGED 64 YEARS, S/O.CHACKO, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. 2. REGI, AGED 29 YEARS, S/O.THOMAS, THAYIL VEETTIL, MANJAPARA BHAGAM, IDUKKI VILLAGE, THODUPUZHA TALUK. BY ADVS. MR.C.M.TOMY, MR.K.J.JOSEMON. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O., IDUKKI POLICE STATION. IDUKKI. R1 & R2 BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 4901 of 2009 ------------------------------------ Dated this the 21st day of October, 2009 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 and 2 in Crime No.214/2009 of Idukki Police Station. 2. The offences alleged against the petitioners are under Sections 353, 294(b) and 506(i) of the Indian Penal Code. 3. When the Bail Application came up for hearing on 22/9/2009, 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 29th and 30th September, 2009. Post on 6/10/2009. It is submitted by the learned Public Prosecutor B.A. No. 4901/ 2009 2 that the petitioners will not be arrested until further orders in connection with Crime No. 214 of 2009 of Idukki Police Station.” 4. It is submitted the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have complied with the directions contained in the order dated 22/9/2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays for a period of two months; B) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A. No. 4901/ 2009 3 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 scm