IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8697 of 2011() ----------------------------- IN CRIME NO.122/2011 OF VECHUCHIRA POLICE STATION, PATHANAMTHITTA DISTRICT --------------------------------- PETITIONERS(S):/ACCUSED NO.1 & 2 ------------------------------------------------ 1. RAJESH, AGED 40 YEARS, S/O.CHELLAPPAN, ATHIRTHIYILAYATHIKAROTTU VEEDU, PONGALADI, PARANTHAL, PANDALAM, ADOOR. 2. BIJU ANANDAN, AGED 39 YEARS, S/O.ANANDAN, ATHIRTHIYIL BIJU BHAVAN, PONGALADI, PARANTHAL, PANDALAM, ADOOR. BY ADVS. SRI. K.SHAJ SRI.PRAVEEN THOMAS ABRAHAM RESPONDENT(S): RESPONDENTS/STATE ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SUB INSPECTOR OF POLICE, VECHUCHIRA POLICE STATION, VECHUCHIRA, KOLLAM-4. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV FOR R1 AND R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO. 8697 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused No.s 1 and 2 in Crime No.122 of 2011 of Vechuchira Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 498-A, 452, 294(b), 323, 354 and 506(ii) read with Section 34 of the Indian Penal Code. 3. The defacto complainant is the father-in-law of the second accused. The first accused is the cousin brother of accused No.2. 4. When the Bail Application came up for hearing on B.A.No.8697/2011 -2- 11/11/2011, the following order was passed; “4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offences, 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 17-11-2011 and 18-11-2011. 6. Post on 23-11-2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.122 of 2011 of Vechuchira Police Station, till 25/11/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the B.A.No.8697/2011 -3- direction in the order dated 11th November, 2011 has been complied with by the petitioners. 6. 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 11th 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 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; B.A.No.8697/2011 -4- c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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. ds