IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 7222 of 2009() --------------------------------------- CRIME NO.515/2009 OF THE KADATHURUTHY POLICE STATION. ........ PETITIONERS (S) ACCUSED A,2 IN CRIME 515/09 OF KADATHURUTHY POLICE ------------------------- STATION. 1. SUDHA, AGED 53 YEARS, W/O.DIVAKARAN, NJAVARAKUNNATH HOUSE, KATTAMPAK KARA, NJEZHOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. ANUMON, AGED 28 YEARS, DRIVER, S/O.DIVAKARAN, NJAVARAKUNNATH HOUSE, KATTAMPAK KARA, NJEZHOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. MR.VARGHESE C.KURIAKOSE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KADUTHURUTHY. PUBLIC PROSECUTOR MR.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7222 of 2009 ------------------------------------ Dated this the 15th day of January, 2010 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 and 2 in Crime No.515/2009 of Kaduthuruthy Police Station. 2. The offences alleged against the petitioners are under Sections 422, 198, 468 and 418 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 07.01.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 11th and 12th January, 2010. The petitioners shall produce copy of this order before the investigating officer. B.A. No. 7222 of 2009 2 Post on 15.01.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.515/2009 of Kaduthuruthy Police Station. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 07.01.2010. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 Rs.15,000/- 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.A. No. 7222 of 2009 3 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 ln