IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8801 of 2011() ----------------------------- CRIME NO.608/2011 OF KADUTHURUTHY POLICE STATION, KOTTAYAM PETITIONERS/ACCUSED 2 & 4: --------------------------------- 1. JOSHY ABRAHAM, AGED 29, S/O.ABRAHAM, CHARIYAM KUNNEL HOUSE, KAPIKADU KARA, MUTTUCHIRA VILLAGE. 2. ANISH ALIAS BABU, AGED 29, S/O.APPU, KODUTHALAYIL HOUSE, KADUTHURUTHY. BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN SMT.LATHIKA MOHAN KUM.K.SARITHA (PALLOM) RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KADUTHURUTHY POLICE STATION, KADUTHURUTHY-686604. PUBLIC PROSECUTOR SRI.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8801 of 2011 --------------------------- Dated this the 17th day of November, 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.2 and 4 in Crime No.608 of 2011 of Kaduthuruthy Police Station, Kottayam District. 2. The offences alleged against the accused are under Sections 452, 294(b), 354, 324 and 323 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 4.11.2011, 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 circumstances of the case and the nature of BA 8801/11 2 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 10th and 11th November, 2011. 5. Post on 17th November, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.608 of 2011 of Kaduthuruthy Police Station, Kottayam District, till 22nd November, 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.” 4. It is submitted by the learned counsel for the BA 8801/11 3 petitioners as well as the learned Public Prosecutor that the direction in the order dated 4.11.2011 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 4.11.2011 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 ; BA 8801/11 4 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 csl