IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 6559 of 2009 CRIME NO.539 OF 2009 OF ERAVIPURAM POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 3: -------------------------------- 1. SANATHANAN, AGED 55 YEARS, S/O.PADMANABHAN, NARAYANI NILAYAM, THEKKEVILA P.O., KOLLAM. 2. SIVADAS, AGED 49 YEARS, S/O.PADMANABHAN, NARAYANI NILAYAM, THEKKEVILA P.O., KOLLAM. 3. BIBIN, AGED 30 YEARS, S/O.BALACHANDRAN, VIBIN BHAVAN, ERAVIPURAM P.O., KOLLAM-16. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ENAKULAM. 2. SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6559 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.539 of 2009 of Eravipuram Police Station. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 25.11.2009, the following order was passed: “The petitioners were directed to appear on 17th and 18th November, 2009 before the investigation officer, as per the order dated 16/11/2009. I think, I have committed a mistake in directing the petitioners to appear on 17th and 18th November, 2009 without giving sufficient time from the date of order. I am sure it must be as a result of an error regarding the date. Therefore, I am inclined to provide an opportunity to the petitioners to appear before the investigating officer on 2nd and 3rd December, 2009. B.A. NO. 6559 OF 2009 :: 2 :: Post on 08/12/2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.539 of 2009 of Eravipuram Police Station. The petitioners shall produce copy of this order before the investigating officer.” 4. There was a dispute as to whether the petitioners appeared before the investigating officer on one of the dates on which they were directed to appear. Therefore, an order dated 8.12.2009 was passed, which reads as follows: “As per the order dated 25.11.2009, the petitioners were directed to appear before the investigating officer on 2nd and 3rd December, 2009. Learned counsel for the petitioners submits that the petitioners appeared before the investigating officer on 2nd and 3rd December, 2009. Learned Public Prosecutor submitted that the petitioners appeared only on 3rd December, 2009. It is also submitted that the statement of the petitioners were recorded by the investigating officer. B.A. NO. 6559 OF 2009 :: 3 :: 2. Since it is in dispute as to whether the petitioners have fully complied with the direction contained in the order dated 25.11.2009, I am of the view that the petitioners should be directed to appear before the investigating officer on 11.12.2009 at 9 AM. I do so. Post on 15th December, 2009.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 8.12.2009 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 8.12.2009 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 Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 6559 OF 2009 :: 4 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of three months; 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/