IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 4454 of 2009() -------------------------------------- CRIME NO.570/2009 OF ATTINGAL POLICE STATION. PETITIONER/IST ACCUSED: ------------------------------------------ SANKAR RAM. T., AGED 19 YEARS, S/O.G.THULASI, 2ND YEAR B.COM STUDENT, GOVERNMENT COLLEGE, ATTINGAL, THIRUVANANTHAPURAM. RESIDING AT RAJA RAVI VARMA LANE, NALANDA, ATTINGAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS/COMPLAINANT STATE AND INVESTIGATING OFFICER: -------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL, THIRUVANANTHAPURAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2009, ALONG WITH BA NO. 4499 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 4454 & 4499 of 2009 -------------------------------------- Dated this the 15th day of October, 2009 O R D E R These Bail Applications are filed under Section 438 of the Code of Criminal Procedure. Bail Application No.4499/2009 is filed by accused Nos. 2 and 3 in Crime No.570/2009 of Attingal Police Station, while B.A. No.4454/2009 is filed by the first accused therein. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 324 and 308 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 8/9/2009, the following order was passed: “ After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view before disposing of the Bail Application, the petitioners should be directed to appear before the Police for questioning. Accordingly, there will be a direction that the petitioners shall appear before the investigating officer B.A. Nos. 4454 & 4499 /2009 2 on 18/9/2009 at 9A.M. Post on 24/9/2009. The learned Public Prosecutor submitted that the petitioners will not be arrested till then.” 4. The learned counsel for the petitioners as well as the learned Public Prosecutor submitted that the petitioners have complied with the directions. The learned counsel for the petitioners submitted that the petitioners undertake not to create any trouble in Government College, Attingal so as to give room for any complaint from any quarters. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances and also the fact that the petitioners have complied with the directions, 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.10,000/- each with two solvent sureties for the like amount to B.A. Nos. 4454 & 4499 /2009 3 the satisfaction of the officer concerned, subject to the following conditions: 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. These Bail Applications are allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm