IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6507 of 2011 CRIME NO.91 OF 2011 OF VECHUCHIRA POLICE STATION, PATHANAMTHITTA DISTRICT. APPLICANTS/ACCUSED 1. MOHANAN,AGED 52 YEARS, S/O. SUKUMARAN,MANNITHARAYIL HOUSE,KUDAMURUTTI P.O ATHIKAYAM VILLEGE,PATHANAMTHITTA DISTRICT. 2. DEEPU,AGED 27 YEARS, S/O. DAS, NIRAVATH HOUSE,CHETHAKKAL VILLAGE, EDAMAN, RANNY TALUK. 3. RENJITH N.K, AGED 25 YEARS,S/O. KUNHIKRISHNAN, NADAKKEPARAMBIL HOUSE,CHETHAKKAL VILLAGE, EDAMAN, RANNY TALUK. 4. SUDHEESH BABU,AGEDE 27 YEARS, S/O. BABU,THANNIKKAL VEEDU, CHETHAKKAL VILLAGE, EDAMAN, RANNY TALUK. 5. RAHUL, AGED 24 YEARS, S/O. LEELAMMA, KUZHIKKALAYIL, CHETHAKKAL VILLAGE, EDAMAN, RANNY TALUK. BY ADV. SRI.AJEESH K.SASI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I OF POLICE, VECHUCHIRA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, ALONG WITH BA NO. 6427 AND 6524 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NOs. 6507, 6427 & 6524 of 2011 ------------------------------------------------------ Dated this the 25th day of August, 2011 O R D E R All these applications are filed under Section 438 of the Code of Criminal Procedure for anticipatory bail by the accused persons in Crime No.91 of 2011 of Vechuchira Police Station, Pathanamthitta District. 2. In B.A.No.6507 of 2011, petitioners 1, 2 and 5 are respectively accused Nos.4, 6 and 5 in the Crime. The learned Public Prosecutor submitted that petitioners 3 and 4 are not made accused in the case. The petitioner in B.A.No.6427 of 2011 is the second accused, while the petitioner in B.A.No.6524 of 2011 is the third accused in the Crime. 3. The offences alleged against the petitioners are under Sections 143, 147, 323, 294(b) and 332 read with Section 149 of the Indian Penal Code. Bail Appl. NO.6507, 6427 & 6524 of 2011 :: 2 :: 4. The allegation against the accused is that on 1.8.2011, they formed themselves into an unlawful assembly and attacked the driver of a KSRTC bus. It is seen that the de facto complainant has not sustained serious injuries. 5. When these Bail Applications came up for admission on 17th August, 2011, the following order was passed: “5. 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, petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 should be directed to appear before the investigating officer. Accordingly, there will be a direction to petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 to appear before the investigating officer on 20th and 21st August, 2011. 5. Post on 25th August, 2011. 6. It is submitted by the learned Public Prosecutor that petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the Bail Appl. NO.6507, 6427 & 6524 of 2011 :: 3 :: petitioners in B.A.Nos.6427 and 6524 of 2011 will not be arrested in connection with Crime No.91 of 2011 of Vechuchira Police Station, till 29th August, 2011. 7. Petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. Petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 shall produce a copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 17th August, 2011 has been complied with by petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011. 7. 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 17th August, 2011 has been complied Bail Appl. NO.6507, 6427 & 6524 of 2011 :: 4 :: with by petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011, I am of the view that anticipatory bail can be granted to them. There will be a direction that in the event of the arrest of petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011, 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) Petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, for a period of three months; b) Petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1, 2 and 5 in B.A.No.6507 of 2011 and the petitioners in B.A.Nos.6427 and 6524 of 2011 shall not commit any offence or indulge in any prejudicial activity while on bail; Bail Appl. NO.6507, 6427 & 6524 of 2011 :: 5 :: e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. These Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/