IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 665 of 2010() ---------------------------- CRIME NO.72/2010 OF NJARAKKAL POLICE STATION, ERNAKULAM .................... PETITIONERS/ACCUSED --------------------------------------- 1. VINOD, AGED 34 YEARS, S/O. LAKSHMANAN, KOTTARAPARAMBIL HOUSE, NEDUNGAD, NAYARAMBALAM P.O., VYPEEN, ERNAKULAM DISTRICT. 2. MANOJ, AGED 31 YEARS, S/O. LAKSHMANAN, KOTTARAPARAMBIL HOUSE, NEDUNGAD, NAYARAMBALAM P.O., VYPEEN, ERNAKULAM DISTRICT. 3. SANEESH, AGED 26 YEARS, S/O. VASU, KOTTARAPARAMBIL HOUSE, NEDUNGAD, NAYARAMBALAM P.O., VYPEEN, ERNAKULAM DISTRICT. 4. BINU, AGED 24 YEARS, S/O. BALAN, KUNNATHUPARAMBIL HOUSE, NEDUNGAD, NAYARAMBALAM P.O., VYPEEN, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.72/2010 OF NJARAKKAL POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.665 of 2010 --------------------------------------------- Dated this the 10th day of March, 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.1 to 4 in Crime No.72 of 2010 of Njarakkal Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 452 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 24.2.2010, 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 4th and 5th March, 2010. The petitioners shall produce copy of the order before the investigating officer. BA No.665/2010 2 Post on 10th March, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.72 of 2010 of Njarakkal Police Station.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 24.2.2010 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 24.2.2010 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.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.665/2010 3 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 csl BA No.665/2010 4 BA No.665/2010 5 K.T.SANKARAN, JUDGE csl K.T.SANKARAN, J. --------------------------------------------- B.A.No.665 of 2010 --------------------------------------------- Dated this the 24th day of February, 2010 ORDER 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. BA No.665/2010 6 Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 4th and 5th March, 2010. The petitioners shall produce copy of the order before the investigating officer. Post on 10th March 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.72 of 2010 of Njarakkal Police Station. K.T.SANKARAN, JUDGE csl Hand over copy to both sides.