IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 8164 of 2011() ----------------------------- CRIME NO.292/2011 OF ANCHUTHENGU POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONERS: ACCUSED 2&3: -------------------------------- 1. SUBIN, AGED 22 YEARS, S/O.SAKUNTHALA, RESIDING AT 191(3/384), MAMPALLY AYYAPPANTHOTTAM 8 KAYIKKARA, ANCHUTHENGU, KADAKKAVUR, THIRUVANANTHAPURAM. 2. SABU, AGED 19, S/O.JAMES, RESIDING AT 191(3/384), MAMPALLY AYYAPPANTHOTTAM 8, KAYIKKARA, ANCHUTHENGU, KADAKKAVUR, THIRUVANANTHAPURAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SI OF POLICE, ANCHUTHENGU POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8164 of 2011 --------------------------- Dated this the 12th day of December, 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 and 3 in Crime No.292 of 2011 of Anchuthengu Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 143, 146, 147, 148, 308, 323 and 326 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 27.6.2011 at 9.30 A.M., the accused persons attacked the de facto complainant with deadly weapons and caused injuries to him. 4. When the Bail Application came up for admission on 30.11.2011, the following order was passed : “4. Heard the learned counsel for the BA 8164/11 2 petitioners and the learned Public Prosecutor. I have also perused the case diary. 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, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 7th and 8th December, 2011. 6. Post on 12th December, 2011. 7. The interim order is extended for a period of two weeks. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners that the direction in the order dated 30.11.2011 has been complied with by the petitioners. BA 8164/11 3 6. 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 30.11.2011 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 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 : A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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 ; BA 8164/11 4 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 csl