IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 2890 of 2011() ----------------------------- PETITIONER -------------------- BALAKRISHNA PILLAI, KUREETHADIYIL, ANAYAD.P.O, SOORANAD NORTH, KOLLAM DISTRICT. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION, SOORANAD, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PP SMT.K MEERA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, ALONG WITH BA 2933/11, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------------- BA No.2890 & 2933 of 2011 ------------------------------------- Dated this the 13th day of May 2011 Order Petitioners are accused 1 to 4 in Crime No.346/2011 of Sooranad Police Station. It was registered under Sections 379, 188 and 34 IPC. The allegation is that the petitioners have removed the survey stones fixed by the Revenue Authorities. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. Considering all the aspects the following directions are issued : 3. The petitioners shall surrender before the learned Munsiff Magistrate, Sasthamkotta within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail applications in accordance with law. In the meanwhile, if the petitioners are arrested they shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent BA 2890 & 2933/11 2 sureties each for the like sum. If the learned Magistrate has any doubt regarding the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit to the effect that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from BA 2890 & 2933/11 3 disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Munsiff Magistrate, Sasthamkotta without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.Balakrishnan, Judge sta BA 2890 & 2933/11 4