IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 5393 of 2009 CRIME NO.163 OF 2009 OF KOLAVALLUR POLICE STATION, KANNUR PETITIONERS/ACCUSED -------------------------------------- 1. ABDUL AZEES,S/O.SOOPY HAJI, AGED 19 YEARS,CHALU PARAMBATH (H), THUVVAKUNNU P.O.,THALASSERY, KANNUR DISTRICT. 2. ALI,S/O.USMAN HAJI, AGED 19 YEARS,CHALIL PONNAMBATH (H), THUVVAKUNNU P.O.,THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI SRI.ABDURAHIMAN VAYALIL PEEDIKAYIL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5393 OF 2009 ------------------------------------------------------ Dated this the 16th day of November, 2009 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 and 4 in Crime No.163 of 2009 of Kolavallur Police Station, Kannur District. 2. The offences alleged against the petitioners are under Section 160 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. When the Bail Application came up for hearing on 28.10.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 8.11.2009 and 9.11.2009. B.A. NO. 5393 OF 2009 :: 2 :: Post on 15.11.2009 along with Bail Application No.6095 of 2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.163 of 2009 of Kolavallur Police Station, Kannur District.” 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 28.10.2009 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 28.10.2009 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 Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 5393 OF 2009 :: 3 :: 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; 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/