IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 5954 of 2009 CRIME NO.691 OF 2009 OF VADAKKEKARA POLICE STATION PETITIONER: FIRST ACCUSED: ------------------------------ SHAMSUDHEEN, AGED 49 YEARS, S/O.ALI, KANANCHAKKASSERY, MACHANTHURUTH KARA, VADAKKEKARA VILLAGE, PARAVUR TALUK (A1). BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.691/09 OF VADAKKEKARA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, ALONG WITH BA NO.5957 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.5954 & 5957 OF 2009 ------------------------------------------------------ Dated this the 19th day of November, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner in B.A.No.5954 of 2009 is the first accused and the petitioner in B.A.No.5957 of 2009 is the third accused in Crime No.691 of 2009 of Vadakkekara Police Station. 2. The offences alleged against the petitioners are under Sections 419, 420, 468, 471 and 120B of the Indian Penal Code. 3. When the B.A.No.5954 of 2009 came up for hearing on 6.11.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear B.A. Nos.5954 & 5957 OF 2009 :: 2 :: before the investigating officer at 9 AM on 14.11.2009 and 15.11.2009. Post on 19.11.2009 along with Bail Application No.5957 of 2009. The petitioner shall produce a copy of the order before the investigating officer. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.691 of 2009 of Vadakkekara Police Station.” Similar order was passed in B.A.No.5957 of 2009 also. 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the orders dated 6.11.2009 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 petitioners have complied with the direction in the orders dated 6.11.2009, 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.15,000/- B.A. Nos.5954 & 5957 OF 2009 :: 3 :: 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 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 Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/