IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8278 of 2011() ----------------------------- CRIME NO.707 OF 2011 OF ALAPPUZHA NORTH POLICE STATION PETITIONERS ------------------------------- 1. U.BASHEER @ MALABAR BASHEER, S/O.UMBICHIKOYA,AGED 56 YEARS, B.R.MANZIL,SEA VIEW WARD,ALAPPUZHA. 2. RIYAS BASHEER,AGED 30 YEARS, S/O.U.BASHEER,B.R.MANZIL, SEA VIEW WARD,ALAPPUZHA. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2 /11 /2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8278 OF 2011 --------------------------------- Dated this the 2nd 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 and 2 in Crime No.707 of 2011 of Alappuzha North Police Station. 2. The offences alleged against the petitioners are under Sections 427, 324 and 308 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 20th October, 2011, the following order was passed: “3. It is submitted by the learned counsel for the petitioners that the second petitioner (second accused) was arrested and therefore, the Bail Application has become infructuous, in so far as it relates to the second petitioner. B.A.No. 8278 OF 2011 2 4. It is submitted that the first petitioner is the father of the second petitioner. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. 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 first petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer on 25th and 26th of October, 2011. 7. Post on 1st November, 2011. 8. It is submitted by the learned Public Prosecutor that the first petitioner will not be arrested in connection with Crime No.707 of 2011 of Alappuzha North Police Station, till 5th November, 2011. 9. The first petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The first petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 20th October, 2011 has been complied with by the first petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the B.A.No. 8278 OF 2011 3 fact that the direction in the order dated 20th October, 2011 has been complied with by the first petitioner, I am of the view that anticipatory bail can be granted to the first petitioner. There will be a direction that in the event of the arrest of the first petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 9 A.M and 11 A.M on alternate Mondays, till the final report is filed or until further orders; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The first petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) The first petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No. 8278 OF 2011 4 f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is dismissed as infructuous in so far as it relates to the second petitioner and it is allowed to the extent indicated above, in so far as it relates to the first petitioner. K.T.SANKARAN, JUDGE. cms