IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 8483 of 2011 CRIME NO.288 OF 2011 OF HEMAMBIKA POLICE STATION, PALAKKAD. PETITIONER/ACCUSED NO.1 ------------------------------------------- CHARLES,AGED 40 YEARS, S/O.JOHN.K.A, KAYYOORIKKAL HOUSE, PAZHOOR PO,PIRAVOM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, HEMAMBIKA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, ALONG WITH BA NO.8671 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.8483 & 8671 OF 2011 ------------------------------------------------------ Dated this the 12th day of December, 2011 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner in B.A.No.8483 of 2011 is accused No.1 and the petitioner in B.A.No.8671 of 2011 is accused No.2 in Crime No.288 of 2011 of Hemambika Nagar Police Station, Palakkad District. 2. The crime was originally registered under Section 174 of the Code of Criminal Procedure. Later, the offences under Sections 304 and 286 of the Indian Penal Code were included. 3. The First Information Statement would disclose that certain gas cylinders exploded in the crusher unit belonging to the second accused and managed by the first accused and as a result of the explosion, the deceased fell down. The deceased was taken to the hospital and he succumbed to the injuries. B.A. NOS.8483 & 8671 of 2011 :: 2 :: 4. When these Bail Applications came up for admission on 1st December, 2011, the following order was passed: “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary file. 5. 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 6th and 7th December, 2011. 6. Post on 12th December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.288 of 2011 of Hemambika Nagar Police Station, till 16th December, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. B.A. NOS.8483 & 8671 of 2011 :: 3 :: The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners that the direction in the order dated 1st December, 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 1st December, 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 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; B.A. NOS.8483 & 8671 of 2011 :: 4 :: 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. These Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/