IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1064 of 2010() -------------------------------------- CRIME NO.30/2010 OF ARALAM POLICE STATION. PETITIONERS/ACCUSED: --------------------------------------- 1. PUNNAMMOOTTIL VAISAKH, S/O. MOHANAN, AGED 23 YEARS, PUNNAMMOOTTIL HOUSE, VELIMANAM. 2. SANGEETH P.M., S/O. MOHANAN, AGED ABOUT 18 YEARS, PUNNAMMOOTTIL HOUSE, P.O.VELIMANAM, ARALAM AMSOM. 3. MANOJ P.T., S/O. THANKAPPAN, AGED 36 YEARS, PUNNAMMOOTTIL HOUSE, VELIMANAM, ARALAM AMSOM. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.ANIL.D.KAITHAKKAL RESPONDENT/ COMPLAINANT: ------------------------------------------- S.H.O.ARALAM, STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1064 of 2010 ------------------------------------ Dated this the 5th day of April, 2010 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 to 3 in Crime No. 30/2010 of Aralam Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 24.03.2010, 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 A.M. on 27th and 28th March, 2010. The petitioners shall produce a copy of the B.A. No. 1064 / 2010 2 order before the investigating officer. Post on 05.04.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.30/2010 of Aralam Police Station, Kannur District. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 24.03.2010. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 1064 / 2010 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 ln