IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl.No. 2208 of 2009 ----------------------------- CRIME No. 302/08 OF VALAYAR POLICE STATION CMP.5203/2008 of J.M.F.C.-I,PALAKKAD .................... PETITIONERS/ACCUSED 2 TO 6: ------------------------------------ 1. K.SANTHI, AGED 48, W/O.DR.O.KANNAPPAN, DOOR NO.376, MADURAI ROAD, THENI, TAMILNADU-625 531. 2. K.ODAIYAPPAN, AGED 28, S/O.DR.O.KANNAPPAN, DOOR NO.376, MADURAI ROAD, THENI, TAMILNADU-625 531. 3. K.ALAMELU, AGED 25, D/O.DR.O.KANNAPPAN, DOOR NO.376, MADURAI ROAD, THENI, TAMILNADU-625 531. 4. M.THIYAGARAJAN, AGED 49, S/O.T.MEIYAPPAN, NO.11, JAWAHAR MAIN ROAD, N.R.T. NAGAR, TENI-625 531. 5. V.SUNDARAM, AGED 62, S/O.VENKITACHALAM CHETTIAR, NO.9, PANDHADI 5TH STREET, MADURAI-625 001. BY ADV. SRI.S.RADHAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, VALAYAR POLICE STATION, VALAYAR, PALAKKAD. BY PUBLIC PROSECUTOR, SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2208 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application for anticipatory bail filed by the petitioners who are accused Nos.2 to 6 in Crime No.302 of 2008 of Valayar Police Station alleging commission of offences punishable under Sections 403, 406, 416, 412, 419, 423 read with Section 109 of the Indian Penal Code. 2. I have heard learned counsel for the petitioners as also the learned Public Prosecutor. 3. Annexure I complaint would reveal that mainly the allegations are levelled against the first accused who is the managing trustee of V.N.Public Health and Educational Trust registered under the Indian Trust Act. He had earlier approached this Court by filing Bail Application No.1578 of 2009 and this Court vide order dated 13.2.2009 had enlarged him on bail subject to the conditions made therein. The petitioners herein are the wife, son and daughter, nephew and father in law of the first accused. In view of the abovesaid fact that the first accused has already been enlarged on bail and having B.A.No.2208 of 2009 2 regard to the nature of the allegations levelled against the petitioners herein, and other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners . 4. Accordingly this application is allowed on the following terms: i) A direction is issued to the officer in charge of the police station concerned to release the petitioners in the event of their arrest in connection with the abovesaid crime on each of them executing a bond for Rs.25000/- with two solvent sureties for the like sum each to the satisfaction of the said officer. Considering the fact that the 3rd and 4th accused/petitioners 2 and 3 herein, are medical students I do not propose to impose any condition requiring them to report before the investigating officer on any specific day. However, I make it clear that they need to appear before the investigating officer on his specific request as and when it is communicated to them. With respect to the other petitioners, they shall report before the investigating officer once in a month, i.e. on every second Saturday, till the final report is laid. They shall also make themselves available for interrogation as and when required by the investigating officer. B.A.No.2208 of 2009 3 ii) Petitioners shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. iii) This order will be in force for a period of two months and on expiry of the aforesaid period, the petitioners shall surrender before the concerned Magistrate and seek regular bail. C.T.RAVIKUMAR, JUDGE vns