IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 7909 of 2011() ----------------------------- CRIME NO.678/2011 OF MAVELIKKARA POLICE STATION PETITIONERS/ ACCUSED Nos.2 AND 8 : ------------------------------ 1. RATHEESH, KURUVIKKATTUCHIRAYIL, THATTARAMBALAM.P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 2. RAJAN, UDAYAMPURATHU, THATTARMBALAM.P.O. MAVELIKKARA, ALAPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.NAVA VARGHESE SRI.A.R.DILEEP RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION-690101. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7909 OF 2011 --------------------------------- Dated this the 25th day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 8 in Crime No.678 of 2011 of Mavelikkara Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148, 324 and 308 of the Indian Penal Code and Section 27(2) of the Arms Act. 3. When the Bail Application came up for admission on 14th October, 2011, the following order was passed: “3. The prosecution case is that on 10.9.2011 at 9 PM, the accused persons attacked the defacto complainant with deadly weapons and caused injuries. 4. Heard the learned counsel for the B.A.No. 7909 OF 2011 2 petitioners and the learned Public Prosecutor. I have also perused the case diary. 5. 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 19 th and 20 th October, 2011. 6. Post on 25 th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.678 of 2011 of Mavelikkara Police Station, till 28 th October, 2011. 8. 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 petitioners that the direction in the order dated 14th October, 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 B.A.No. 7909 OF 2011 3 fact that the direction in the order dated 14th October, 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: a) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A.No. 7909 OF 2011 4 f) 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. cms