IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 7479 of 2011() ----------------------------- CRIME NO.782/2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM PETITIONERS : ACCUSED 1, 3 & 4 -------------------------------------- 1. SANTHOSH, JAYANTHI COLONY, CHEMMAKKADU, PANAYAM VILLAGE, KOLLAM DISTRICT. 2. SABU, AGED 22 YEARS, S/O.RAGHU, PANAYIL VEEDU, CHEMMAKKADU, PANAYAM VILLAGE, KOLLAM DISTRICT. 3. AJITH, S/O.MOHANAN, AGED 23 YEARS, AJITH BHAVAN, CHEMMAKKADU, PANAYAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7479 of 2011 --------------------------- Dated this the 21st day of October, 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, 3 and 4 in Crime No.782 of 2011 of Anchalummoodu Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 427, 452, 294(b), 323, 324 and 354 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 26.9.2011, 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 the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be BA 7479/11 2 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 3.10.2011 and 4.10.2011. 5. Post on 11.10.2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.782 of 2011 of Anchalummoodu Police Station, till 13.10.2011. 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. Later, as per the order dated 13.10.2011, the petitioners were permitted to appear before the investigating officer on 17th and 18th October, 2011, instead of 3rd and 4th October, 2011. 5. It is submitted by the learned counsel for the BA 7479/11 3 petitioners that the direction in the order dated 13.10.2011 has been complied with by the petitioners. 6. 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 13.10.2011 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 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 ; BA 7479/11 4 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 csl