IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8400 of 2011() ----------------------------- CRIME NO.1794/2011 OF THRISSUR TOWN EAST POLICE STATION PETITIONERS (S): A1 TO 7 ------------------------------ 1. EMMANUEL C.CHRISTOPHER S/O.C.X.CHRISTOPHER, CHALUNKAL HOUSE NORTH POOVANKAVU CHURCH, PATHIRAPALLY PO ALAPPUZHA DISTRICT. 2. SUSITH C.S, S/O.SIVADEVAN P CHIRAKKAL HOUSE, VALLACHIRA PO, THRISSUR. 3. ANJO JOHNSON S/O.JOHNSON PO, PANAKKARAN HOUSE MUKKALOOKARA, P.O.NETTISSERY. 4. SUMAN JOSEPH BUNGLAVAN S/O.RAJU JOSEPH BUNGLAVAN, BUNGLAVIL HOUSE, GANDHINAGAR MAIN STREET CHEROOR PO, THRISSUR DISTRICT. 5. LINO THANKACHAN, S/O.THANKACHAN UMMAMAL HOUSE, VELLUPADAM PO. 6. SANJO JOY, S/O.JOY N.V, NEDUMPARAMBIL HOUSE, P& T QUARTERS , B7/2, POOTHOLE, THRISSUR. 7. BHAGATHEESH P.B, S/O.BHASKARAN PAATTATHIL HOUSE, KUTTIKUKKU VIA, VYLOPPILLY NAGAR P.O. NETTISSERY, NELLANKARA. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8400 of 2011 --------------------------- Dated this the 11th day of November, 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 to 7 in Crime No.1794 of 2011 of Thrissur Town East Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 3.11.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also noticed the injury noted in the wound certificate. 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 BA 8400/11 2 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 6th and 7th November, 2011. 5. Post on 11th November, 2011. 6. The interim order is extended for a period of two weeks. 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 3.11.2011 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 3.11.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. BA 8400/11 3 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; 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 BA 8400/11 4 K.T.SANKARAN, J. --------------------------- B.A.No.8400 of 2011 --------------------------- Dated this the 19th day of October, 2011 O R D E R The learned Public Prosecutor sought time to get instructions. 2. The learned senior counsel appearing for the BA 8400/11 5 petitioners submitted that the petitioners are students and that the examinations are fast approaching. They have to attend the classes and if they are arrested in the meanwhile, they would be put to great hardship. In the facts and circumstances, there will be an interim direction not to arrest the petitioners in connection with Crime No.1794 of 2011 of Thrissur Town East Police Station for a period of two weeks. Post after ten days. K.T.SANKARAN JUDGE csl