IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6329 of 2011() ----------------------------- Crime No.377 of 2011 of Thamarassery Police Station, Kozhikode District PETITIONERS/ACCUSED 2 TO 4 ---------------------------------------------- 1. MAMMUNNI,S/O.IBRAHIM HAJEE,PULLADI HOUSE CHEMBRAKUNNU,THAMARASSERY. 2. BALARAMAN,S/O.CHEKUTTY,PANADI HOUSE, KEDAVOOR AMSOM,POONUR DESOM,THAMARASSERY. 3. BHASKARAN,S/O.CHEKUTTY,PANADI HOUSE, KEDAVOOR AMSOM,POONUR DESOM,THAMARASSERY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6329 OF 2011 --------------------------------- Dated this the 23rd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4, 3 and 2 in Crime No.377 of 2011 of Thamarassery Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10th August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 B.A.No.6329 OF 2011 2 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 17th and 18th August, 2011. 5. Post on 23rd August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.377 of 2011 of Thamarassery Police Station, till 23rd August, 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 as well as the learned Public Prosecutor that the direction in the order dated 10th August, 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 10th August, 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 B.A.No.6329 OF 2011 3 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 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 Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms