IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 8634 of 2011 CRIME NO.836 OF 2011 OF RANNY POLICE STATION, PATHANAMTHITTA. PETITIONERS: ACCUSED NOS.1 TO 4: 1. VINOD P.S. AGED 33 YEARS, S/O. SREEDHARAN.P.V., PUTHUKKUZHIYIL HOUSE, MAKKAPUZHA.P.O., RANNY. 2. SARATH, AGED 24 YEARS, S/O. SASIDHARAN MULAYOLIL HOUSE, ADICHIPUZHA.P.O., RANNY. 3. SHINE, AGED 24 YEARS, S/O. SHAJI.K.K. KIZHAKKEVEETIL HOUSE, MOTHIRAVAYAL, KARIKULAM.P.O., RANNY. 4. ANEESHKUMAR.S. AGED 27 YEARS, S/O. D. SOMAN, OLIKKAL HOUSE, MAKKAPUZHA.P.O., RANNY. BY ADV. SRI.AJEESH K.SASI SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE STATION HOUSE OFFICER, RANNY POLICE STATION. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8634 of 2011 ------------------------------------------------------ Dated this the 6th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.836 of 2011 of Ranny Police Station, Pathanamthitta District. 2. The offences alleged against the accused are under Sections 143, 144, 294(b), 341 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 23rd November, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. The wound certificate is not readable. In spite of the direction to produce a Bail Appl. NO.8634 OF 2011 :: 2 :: readable copy of the wound certificate, the same has not been produced. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 28th and 29th November, 2011. 5. Post on 6th December, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.836 of 2011 of Ranny Police Station, Pathanamthitta District, till 9th December, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners Bail Appl. NO.8634 OF 2011 :: 3 :: that the direction in the order dated 23rd November, 2011 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 23rd November, 2011 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 station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties each 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, 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; Bail Appl. NO.8634 OF 2011 :: 4 :: 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 ahz/