IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3735 of 2009() ----------------------------- CRIME NO.321/09 OF NILAMBUR POLICE STATION .................... PETITIONERS (S): ACCUSED -------------------- 1. M.S.RAJANEESH AGED 33 YEARS, S/O.SIVANKUTTY ACHARI 1/283, PALIYAYCHERIL HOUSE, HOSPITAL HILL NILAMBUR MALAPPURAM DIST. 2. SREEJITH.B. AGED 36 YEARS, S/O.P.BHASKARAN NAIR SREYAS, VETTIKUTHU, NILAMBUR MALAPPURAM DIST. 3. DR.K.K.BALAKRISHNAN AGED 67 YEARS, THAZHATEPARAMBIL PETTA, FEROKE, KOZHIKODE. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3735 of 2009 ---------------------------- Dated this the 10th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.321 of 2009 of Nilambur Police Station. 2. The offences alleged against the petitioners are under Sections 420 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the court of the Judicial Magistrate of First Class, Nilambur, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure and accordingly, Crime No.321 of 2009 was registered by the police. 4. I have gone through the case diary. 5. Learned counsel for the petitioners submitted that in respect of the amounts mentioned in the complaint, the defacto complainant has filed a civil suit before the Sub Court, Manjeri, which is pending as I.P.(O.P.)No.4 of 2009. Learned counsel also submits that attachment before judgment of the immovable property belonging to the petitioners 1 and 2 was also granted by the civil court. 6. 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. BA No.3735/2009 2 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 for a period of one month 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: 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) On the expiry of the period mentioned above or even before that period, the petitioners shall surrender before the Magistrate concerned and seek regular 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