IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 6234 of 2011 CRIME NO.540 OF 2011 OF KOTTAYAM WEST POLICE STATION PETITIONER : ACCUSED: ------------------------------ 1. AJIMON.S THADATHIL VEEDU, GANDHINAGAR POST, KOTTAYAM, 2. RAJANI, W/O.AJIMON, THADATHIL VEEDU, GANDHINAGAR POST, KOTTAYAM BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER SMT.DEEPTHY.S.NATH SRI.V.S.THOSHIN RESPONDENT: --------------- THE STATE OF KERALA, THROUGH THE SUB - INSPECTOR OF POLICE KOTTAYAM WEST POLICE STATION,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6234 of 2011 ------------------------------------------------------ Dated this the 4th day of October, 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 Nos.1 and 2 in Crime No.540 of 2011 of Kottayam West Police Station. 2. The offences alleged against the petitioners are under Sections 465, 466, 468 and 420 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the Crime was registered. 4. When the Bail Application came up for admission on 22nd September, 2011, the following order was passed: Bail Appl. NO.6234 of 2011 :: 2 :: “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 first petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer on 27th and 28th September, 2011. 6. Post on 4th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.540 of 2011 of Kottayam West Police Station, till 11th October, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 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 22nd September, 2011 has been complied with by the first petitioner. Bail Appl. NO.6234 of 2011 :: 3 :: 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 22nd September, 2011 has been complied with by the first petitioner, 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; 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; Bail Appl. NO.6234 of 2011 :: 4 :: 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/