IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1065 of 2010 CRIME NO.160 OF 2010 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT PETITIONERS/ACCUSED --------------------------------------- 1. DINTO SCARIA,S/O.SCARIA,MUTTATH VEEDU, MANACAUD.P.O,THODUPUZHA. 2. LAL JOSE,AGED 28 YEARS,S/O.JOSE, VANIYAKUNNEL,PUTHUPARIYARAM.P.O, MANACAUD, THODUPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM(CRIME NO.160 OF 2010 OF THODUPUZHA POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, ALONG WITH BA NO.1392 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.1065 & 1392 OF 2010 ------------------------------------------------------ Dated this the 29th day of March, 2010 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. B.A.No.1065 of 2010 is filed by accused Nos.1 and 2 in Crime No.160 of 2010 of Thodupuzha Police Station, Idukki District, while B.A.No.1392 of 2010 is filed by accused No.3 in the said crime. 2. The offences alleged against the petitioners are under Sections 323, 325, 308 and 294(b) of the Indian Penal Code. 3. When the Bail Applications came up for hearing on 17.3.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear B.A. NOS.1065 & 1392 OF 2010 :: 2 :: before the investigating officer at 9 AM on 23rd and 24th March, 2010. Post on 29.03.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.160 of 2010 of Thodupuzha Police Station, Idukki District. The petitioners shall produce copy of this order before the investigating officer.” 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 17.3.2010 has been complied with by the petitioners. 5. 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 17.3.2010 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 the arrest of the petitioners, the officer in charge of the police B.A. NOS.1065 & 1392 OF 2010 :: 3 :: 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 alternate Mondays for two months; 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 Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/