IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 5510 of 2009(E) ----------------------------------------- (CRIME NO.503/2009 OF ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT) .......... PETITIONER/ACCUSED 2,3, & 5: ---------------------------------------------- *1. SHAJI @ KUTTAN, AGED 37 YEARS, S/O. ABDULLA, KOLPARAMBIL HOUSE, VETTUCHIRA DESOM, ORAKAM VILLAGE, THRISSUR TALUK. *THE ADDRESS OF THE 1ST PETITIONER IS CORRECTED AS:- MATTATHIL KAROTTU, PEROORKARA, PEROOR VILLAGE. VIDE ORDER DTD. 30/09/2009 IN CRL.M.A. 5279/2009. 2. M.K.SASI, MATTATHIL KAROTTU, PERROORKARA, PERROOR VILLAGE. 3. DASAPPAN, MATTATHIL KAROTTU (ASHADAM), ETTUMANOORF VILLAGE, ETTUMANOOR. BY ADV. MR.S.RAJEEV. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO. 503, OF 2009 OF ETTUMANOOR POLICE STATION). BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 5510 of 2009 ------------------------------------ Dated this the 21st day of October, 2009 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, 3 and 5 in Crime No.503/2009 of Ettumanoor Police Station, Kottayam. 2. The offences alleged against the petitioners are under Sections 143, 147, 427 and 457 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 6/10/2009, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of the Criminal Procedure. The petitioners are accused Nos. 2,3 and 5 in Crime No.503 of 2009 of Ettumanoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 427 and 457 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12/9/2009, B.A. No. 5510/ 2009 2 during night, the accused persons committed lurking house trespass and destroyed the articles in the tuition centre run by the de facto complainant. The FIR was lodged on 13/9/2009. The reason stated for commission of the offence is that the de facto complainant was not willing to vacate the building which she had taken on rent from the father of the first accused. It is also alleged that the first accused had agreed to sell the property to the first petitioner, namely, Shaji @ Kuttan. 4. The petitioners put forward a different story. They say that a few days before, a girl aged 11 yeas was subjected to the offences under Sections 354 and 377 of the Indian Penal Code by the husband of the de facto complainant. Crime No.488 of 2009 was registered against him on 7/9/2009. It is also submitted by the learned counsel for the petitioners that the husband of the de facto complainant is involved in more than 30 criminal cases registered in different police stations including Ettumanoor Police B.A. No. 5510/ 2009 3 Station. 5. In the facts and circumstances mentioned above, I am inclined to grant anticipatory bail to the petitioners. However, I am also of the view that the petitioners should appear before the investigating officer for questioning on 14th and 15th October, 2009 at 9 A.M. 6. Post the case for further orders on 19th October 2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.503 of 2009, until further orders.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have complied with the directions contained in the order dated 6/10/2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 B.A. No. 5510/ 2009 4 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- 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 all 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