IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2991 of 2009 CRIME NO.406 OF 2009 OF VARKALA POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 3: ------------------------------- 1. ARAVIND, S/O. SHAJI AGED 18, RESIDING AT SOBHANA MANDIRAM KURAKKANNI, VARKALA. 2. ARUN S/O. LAJUPATHY, AGED 20 RESIDING AT SOBHANA MANDIRAM, KURAKKANNI, VARKALA. 3. BILAL, S/O.SAINUDEEN AGED 21, RESIDING AT VALIYAVILA VEEDU KURAKKANNI, VARKALA. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2991 OF 2009 ------------------------------------------------------ Dated this the 9th June, 2009 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.406 of 2009 of Varkala Police Station. 2. The offence alleged against the petitioners are under Sections 506(1), 427 and 452 read with Section 34 of the Indian Penal Code. 3. The petitioners are students. They allege an incident of mis- behaviour towards the sister of the second petitioner by the son of the de facto complainant and his friend. It is stated by the petitioners that in order to avoid action being taken against the son of the de facto complainant and his friend, a false allegation was made against the petitioners. I have gone through the case diary. It is not necessary for the purpose of disposal of this Bail Application to state the facts, as rival contentions are put forward by both the parties and it is not feasible to make any observation regarding those allegations. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that B.A. NO. 2991 OF 2009 :: 2 :: 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.25,000/- 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 all Sundays, 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/