IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3966 of 2009 CRIME NO.468 OF 2009 OF EAST POLICE STATION, THRISSUR PETITIONERS: ACCUSED NOS.1 AND 2: -------------------- 1. FR. ALIAS K.VARKEY, S/O.K.C.VARKEY, AGED 55 YEARS, PRIEST, KEERIMULAYIL HOUSE, PEECHI P.O., PEECHI VILLAGE, THRISSUR-680653. 2. VIJI VARGHESE, S/O.VARGHESE, AGED 37 YEARS, KANICHAI HOUSE, P.O.PALAYAM PARAMBU THRISSUR 680741. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION, TRICHUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3966 OF 2009 ------------------------------------------------------ Dated this the 22nd July, 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.1 and 2 in Crime No.468 of 2009 of the East Police Station, Thrissur. 2. The offences alleged against the petitioners are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. 4. 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 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 3966 OF 2009 :: 2 :: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/