IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5227 of 2011 CRIME NO.1131 OF 2010 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1, 4 AND 2 ---------------------------------------------- 1. SELVARAJ,S/O.MADHAVAN NADAR, PLAVILAMOOLA VADAKKATHIL VEEDU,NOCHIYOOR, CHENKAL PO,THIRUVANANTHAPURAM. 2. RAJENDRAN,S/O.KRISHNAN NADAR, PLAVILAMOOLA VADAKKATHIL VEEDU,NOCHIYOOR, CHENKAL PO,THIRUVANANTHAPURAM. 3. RATHEESH,S/O.RAJENDRAN, PLAVILAMOOLA VADAKKATHIL VEEDU,NOCHIYOOR, CHENKAL PO,THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.MARTINDAS V.JAMES (VATTAKKUZHIYIL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5227 OF 2011 A ------------------------------------------------------ Dated this the 26th day of July, 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, 4 and 2 respectively in Crime No.1131 of 2010 of Parassala Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 341, 323, 427, 324 and 452 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 15th July, 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 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 21st and 22nd July, 2011. Bail Appl. NO.5227 OF 2011 :: 2 :: 5. Post on 26th July, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1131 of 2010 of Parassala Police Station, Thiruvananthapuram District, till 29th July, 2011. quote the order” 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 15.7.2011 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 15.7.2011 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 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: Bail Appl. NO.5227 OF 2011 :: 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/