IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3505 of 2011() ---------------------------------- (CRIME NO.311/2011 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ........ APPLICANTS/ACCUSED NO.1 TO 3 ----------------------------------------- 1. SREEJU, AGED 29, S/O.RAVEENDRAN, KULATHINKARA VARULILA HOUSE, NELLIVILA KULATHIL KARA, ANTHIYYOUR, KOTTUKAL VILLAGE. 2. SHAJIN, AGED 33, S/O.RAVEENDRAN, KULATHINKARA VARULILA HOUSE, NELLIVILA KULATHIL KARA, ANTHIYYOUR, KOTTUKAL VILLAGE. 3. RAVEENDRAN, AGED 63, S/O.KUNJAN NADAR, KULATHINKARA VARULILA HOUSE, NELLIVILA KULATHIL KARA, ANTHIYYOUR, KOTTUKAL VILLAGE. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADV. SRI.M.REVIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, BALARAMAPURAM. BY PUBLIC PROSECUTOR SMT. MEERA K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3505 OF 2011 = = = = = = = = = = = = = = = Dated this the 13th day of May, 2011 O R D E R Petitioners are accused in Crime No. 311 of Balaramapuram Police Station, Thiruvananthapuram. It was registered under Sections 294(b), 323, 324, 326 r/w 34 IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. It is submitted that there is a counter case registered against the defacto complainant as crime No.316/2011 registered u/s 326 IPC. 3. Considering all these aspects I am not inclined to grant anticipatory bail but the following directions can be issued. The petitioner will appear before the investigating officer on 20.5.2011 or 21.5.2011. The investigating officer after interrogation will produce the accused before the Magistrate. The learned Magistrate, considering the bail B.A. NO. 3505 OF 2011 -:2:- application filed by the petitioner will pas appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of Thiruvananthapuram District without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of B.A. NO. 3505 OF 2011 -:3:- the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.