IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 7760 of 2009() --------------------------------- CRIME NO. 870/2009 OF CHERANALLOOR POLICE STATION, ERNAKULAM DISTRICT ......................... APPLICANTS/ACCUSED NO.10 AND 11: --------------------------------------------- 1. BIBU MATHEWS, AGED 42, S/O.MATHEW, PULLURKATTU, AIYAMANAM P.O. KOTTAYAM DISTRICT. 2. TITTU JOSE, AGED 43 YEARS, S/O.JOSE, CHIRAPPURATH HOUSE, AIYAMANAM P.O. KOTTAYAM DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT. --------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I.OF POLICE, CHERANALLOOR POLICE STATION. BY SRI. AMJAD ALI PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7760 of 2009 ------------------------------------ Dated this the 13th day of January, 2010 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.10 and 11 in Crime No.870/2009 of Cheranalloor Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 366 A, 372, 373, 342, 376, 212 and 120 B of the Indian Penal Code. 3. When the Bail Application came up for hearing on 23.12.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 29th and 30th December, 2009. B.A. No. 7760 of 2009 2 Post on 06.01.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.870/2009 of Cheranalloor Police Station, Ernakulam. The petitioners shall produce copy of this order before the investigating officer. Hand over copy to both sides.” 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 23.12.2009 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 23.12.2009 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 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: B.A. No. 7760 of 2009 3 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 ln