IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6257 of 2011() ----------------------------- CRIME NO.819/2011 OF MATHILAKAM POLICE, THRISSUR PETITIONER/ACCUSED : --------------------------- 1. HABEEB @ ABI, AGED 30 YEARS, S/O.HUSSAIN,MENOTH HOUSE,KOORIKUZHI.P.O, KOORIKUZHI.P.O,KOORIKUZHI AMSOM,KAIPPAMANGALAM VILLAGE,THRISSUR DISTRICT. 2. SAIFUDDEEN,AGED 25 YEARS,S/O.HUSSAIN, PUTHEYATH HOUSE,KOORIKUZHI.P.O,KOORIKUZHI AMSOM, KAIPPAMANGALAM VILLAGE,THRISSUR DISTRICT. 3. SHAFEER,AGED 21 YEARS,S/O.HUSSAIN, MENOTH HOUSE,KOORIKUZHI.P.O,KOORIKUZHI AMSOM, KAIPPAMANGALAM VILLAGE,THRISSUR DISTRICT. 4. NAVAS.K.H,AGED 30 YEARS,S/O.HUSSAIN, KUNNUNGAL HOUSE,KOORIKUZHI.P.O,KOORIKUZHI AMSOM, KAIPAMANGALAM VILLAGE,THRISSUR DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY S.I.OF POLICE,MATHILAKAM POLICE STATION,THRISSUR. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6257 of 2011 --------------------------- Dated this the 20th day of August, 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 to 4 in Crime No.819 of 2011 of Mathilakam Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 341, 323 and 452 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 9.8.2011, 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 BA 6257/2011 2 directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 16th and 17th August, 2011. 5. Post on 20th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.819 of 2011 of Mathilakam Police Station, till 20th August, 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 9.8.2011 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 BA 6257/2011 3 that the direction in the order dated 9.8.2011 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 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. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl