IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 4914 of 2009(F) ------------------------------------------ (CRIME NO.324/09 OF KANJAR POLICE STATION, IDUKKI DISTRICT) .................... PETITIONERS: --------------------- 1. M.K.CHELLAPAAN NAIR, S/O. KRISHNAN NAIR, AGED 62 YEARS, MURIKA SADANAM, MOOLAMATTAM POST, IDUKKI DISTRICT. 2. JYOTHI, W/O. M.K.CHELLAPPAN NAIR, AGED 55 YEARS, DO-DO- BY ADVS. MR.MATHEW JOHN (K), MR.AJEESH K.SASI. RESPONDENT: ---------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 4914 of 2009 ------------------------------------ Dated this the 21st day of October, 2009 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 Nos.1 and 2 in Crime No.324/2009 of Kanjar Police Station, Idukki. 2. The offences alleged against the petitioners are under Sections 332, 427 and 294(b) of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the and the learned Public Prosecutor. 4. In this order, the facts of the case and the allegations made by the petitioners are not being mentioned, since it may cause prejudice to either side. However, I am of the view that in the facts and circumstances of the case, the petitioners are entitled to get an oder for anticipatory bail. 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 a bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer B.A. No. 4914 /2009 2 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. 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 scm