IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 8014 of 2011 CRIME NO.712 OF 2011 OF POOYAPPALLY POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------- 1. VISHNU, KIZHAKKEVILA PUTHEN VEEDU, VELIYAM, KOTTARAKKARA, KOLLAM. 2. SANU, THEKKEVILA VEEDU, VELIYAM WEST, KOTTARAKKARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8014 of 2011 ------------------------------------------------------ Dated this the 20th 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 and 2 in Crime No.712 of 2011 of Pooyappally Police Station. 2. The offences alleged against the petitioners are under Sections 452, 294(b), 323 and 427 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10th October, 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 offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to Bail Appl. NO.8014 of 2011 :: 2 :: appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 15/10/2011 and 16/10/2011. 5. Post on 20/10/2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.712 of 2011 of Pooyappally Police Station, till 22/10/2011. 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. It is submitted by the learned counsel for the petitioners that the direction in the order dated 10th 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 fact that the direction in the order dated 10th October, 2011 has been complied with by the petitioners, I am of the view that anticipatory Bail Appl. NO.8014 of 2011 :: 3 :: 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 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/