IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5790 of 2011 CRIME NO.253 OF 2011 OF PAYYOLI POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 2 TO 4 ---------------------------------------------- 1. PRAKASAN.G,AGED 33, S/O.GOPALAN, LAKSHAM VEEDU COLONY, PERUMALPURAM, THRIKKOTTOOR AMSOM DESOM, KOYILANDI TALUK, KOZHIKODE. 2. K.SUNIL KUMAR,AGED 28,S/O.KANNAN, LAKSHAM VEEDU COLONY, PERUMALPURAM, THRIKKOTTOOR AMSOM DESOM, KOYILANDI TALUK, KOZHIKODE. 3. SUDHI.T.T,S/O.KUMARAN,AGED 34, THERUVINTHAZHE HOUSE, THRIKKOTTOOR AMSOM-DESOM, KOYILANDI TALUK,KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION- 673 001. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5790 OF 2011 ------------------------------------------------------ Dated this the 3rd day of August, 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.2 to 4 in Crime No.253 of 2011 of Payyoli Police Station, Kozhikode. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 332 and 427 read with Section 149 of the Indian Penal Code and Section 4 of the Kerala Health Care Service Persons and Health Care Institutions (Prevention of Violence and Damage to Property) Ordinance, 2010. 3. When the Bail Application came up for admission on 22nd July, 2011, the following order was passed: “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 B.A. NO. 5790 OF 2011 :: 2 :: directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 28th July, 2011. 5. Post on 3rd August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.253 of 2011 of Payyoli Police Station, till 5th August, 2011.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 22nd July, 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 22nd July, 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: B.A. NO. 5790 OF 2011 :: 3 :: 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 ahz/