IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6633 of 2011 CRIME NO.468 OF 2011 OF ARIYANCODE POLICE STATION PETITIONERS: ACCUSED 1 TO 3 ---------------------------------- 1. GEORGE JOSEPH, R.S HOUSE, VAZHUTHOOR, NEYYATTINKARA. 2. ROBIN GEORGE S/O.GEORGE JOSEPH, R.S HOUSE, VAZHUTHOOR, NEYYATTINKARA. 3. KANNAN @ APPU, POTHODE HOUSE THETTIYARA,MANNAMKONAM. BY ADV. SRI.R.GOPAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.468/2011 OF ARIYANCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT) PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6633 OF 2011 ------------------------------------------------------ Dated this the 22nd 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 3 in Crime No.468 of 2011 of Ariyancode Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 447, 427, 188 and 379 read with Section 149 of the Indian Penal Code. 3. Accused No.1 is the son of the de facto complainant. The allegation is that on 19.7.2011 at 11.30 A.M., the accused persons trespassed into the property of the de facto complainant and destroyed tapioca, banana plants and other crops. It is also alleged that the accused committed theft of tapioca and other produces. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the BAIL APPL. NO.6633 OF 2011 :: 2 :: 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 Rupees Ten thousand 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 alternate Mondays, for a period of two months; 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/