IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5163 of 2011() ----------------------------- CRM.805/2011 of DISTRICT COURT, THALASSERY CRIME NO.221/2011 OF KELAKAM POLICE STATION KANNUR DISTRICT .................... PETITIONERS/ACCUSED 1 TO 4 ----------------------------- 1. JOKUTTAN @ SCARIA A.M., S/O. MATHAI, AGED 26 YEARS, ANIKKATTUKUDI HOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT. 2. JOBY K.J., S/O. JOHNSON, AGED 24 YEARS, KOOTTUNKALHOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT. 3. ROBIN.K.J, S/O.JOHNSON, AGED 22 YEARS, KOOTTUNKAL HOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT. 4. AKHIL, S/O. MAMMACHAN, AGED 22 YEARS, EERAYIL HOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5163 of 2011 ---------------------------------------------- Dated this the 19th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners state that they are accused Nos.1 to 4 in Crime No.221 of 2011 of Kelakam Police Station, Kannur District. The learned Public Prosecutor submitted that the 4th petitioner is not an accused in Crime No.221 of 2011 of Kelakam Police Station. 2. The offence alleged against the petitioners are under Sections 452, 341, 323 and 294(b) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 05/07/2011, the following order was passed: “3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before granting anticipatory bail, the petitioners should be given an opportunity to appear before the investigating officer on 12th and 13th of July, 2011. The petitioners shall co- operate with the investigation. Post on 19.7.2011. The learned Public Prosecutor submitted that the petitioners will not be arrested in connection with the crime until further orders.” Bail Appln.No.5163/2011 : 2 : 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 05/07/2011 has been complied with by 1st, 2nd and 3rd petitioners (A1, A2 and A3). 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 05/07/2011 has been complied with by 1st, 2nd and 3rd petitioners (A1, A2 and A3), I am of the view that anticipatory bail can be granted to the 1st, 2nd and 3rd petitioners (A1, A2 and A3). There will be a direction that in the event of the arrest of 1st, 2nd and 3rd petitioners (A1, A2 and A3), the officer in charge of the police station shall release them on bail on their executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The 1st, 2nd and 3rd petitioners (A1, A2 & A3) shall report before the investigating officer between 9 A.M. and 11 A.M. on every Mondays, for a period of two months; b) The 1st, 2nd and 3rd petitioners (A1, A2 & A3) shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.5163/2011 : 3 : c) The 1st, 2nd and 3rd petitioners (A1, A2 & A3) shall not try to influence the prosecution witnesses or tamper with the evidence. d) The 1st, 2nd and 3rd petitioners (A1, A2 & A3) 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 skj