IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 7671 of 2011() ----------------------------- CRIME NO.155/2011 OF KAKKOOR POLICE STATION KOZHIKODE DISTRICT PETITIONERS/ACCUSED NOS.1 TO 4 : -------------------------------- 1. VELAYUDHAN, S/O.VELLAN, AGED 38 YEARS, MAMPATTAMMAL HOUSE, PARANNUR P.O., NARIKKUNI, KOZHIKODE. 2. VINOD, S/O.RAMANKUTTY, AGED 38 YEARS, CHALIL HOUSE,PARANNUR P.O., NARIKKUNI, KOZHIKODE. 3. SADANANDAN, S/O.THEYYATHIRA, AGED 43 YEARS, MAMPATTAMMAL HOUSE, PARANNUR P.O., NARIKKUNI, KOZHIKODE. 4. SHIBU, S/O.ARIYANKUTTY, AGED 27 YEARS, THEKKEDATH PURAYIL HOUSE, PARANNUR P.O., NARIKKUNI, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KAKKOOR POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7671 OF 2011 --------------------------------- Dated this the 4th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.155 of 2011 of Kakkoor Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 452 and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 18th October, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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 B.A.No.7671 OF 2011 2 the petitioners to appear before the investigating officer on 22nd and 23rd October, 2011. 5. Post on 28th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.155 of 2011 of Kakkoor Police Station, till 31st October, 2011. 7. 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.” 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 18th October, 2011 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 18th October, 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 B.A.No.7671 OF 2011 3 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 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. e) The petitioners shall cooperate with the investigating officer in the matter of investigation. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms