IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 5691 of 2009() ------------------------------------------ CRIME NO.119/2009 OF KOLAVALLUR POLICE STATION. .................... PETITIONERS/ACCUSED 1 TO 3 ------------------------- 1. DEEPAK, S/O.DAMODARAN, BAVOTTUKUNIYIL, THRIPRANGOTTOOR AMSOM, KADAVATHOOR DESOM, THALASSERY TALUK. 2. SHAJI, S/O.ACHU, AACHILATTUKUNIYIL, THRIPRANGOTTOOR AMSOM, KADAVATHOOR DESOM, THALASSERY TALUK. 3. RAJEESH, S/O.RAJAN, BAVOTHUKUNIYIL, THRIPRANGOTTOOR AMSOM, KADAVATHOOR DESOM, THALASSERY TALUK. BY ADV. MR.P.V.SURENDRANATH RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 5691 of 2009 ------------------------------------ Dated this the 9th day of February, 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 to 3 in Crime No.119/2009 of Kolavallur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. When the Bail Application came up for hearing on 8/01/2010, 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 13th and 14th January, 2010. Post on 19/01/2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.119 of 2009 of B.A. No. 5691/ 2009 2 Kolavallur Police Station, Kannur. The petitioners shall produce copy of this order before the investigating officer.” 4. The second petitioner could not comply with that order. Later, on 25/1/2010, another order was passed, which reads as follows: “The petitioner herein (Shaji), who is the second petitioner in the Bail Application, states that he could not comply with the direction contained in the order dated 8.1.2010 as he was suffering from respiratory infection. Annexure II medical certificate is produced in support of the contention. The petition is accordingly allowed. The petitioner shall appear before the investigating officer at 9 A.M on 1st and 2nd February, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 8th February, 2010.” 5. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the directions contained in the orders dated 8/01/2010 and 25/01/2010. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 5691/ 2009 3 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: 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 scm