IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 5543 of 2009() ----------------------------- CRMP.1982/2009 of DISTRICT COURT, KALPETTA .................... (CRIME NO.376/09 OF MANANTHAWADY POLICE STATION, WAYANAD DISTRICT) PETITIONERS(S): ACCUSED: -------------------------------------------- 1. SUNIL AUGUSTINE, AGED 32 YEARS, S/O.AUGUSTINE, ELAPPUPPARA (H), ARATTUTHARA (P.O.), MANANTHAWADY, WAYANADU. 2. ANTO, AGED 42 YEARS, S/O.FRANCIS, KURAPPASSERY (H), SIX ACRE COLONY, ARATTUTHARA (P.O.), MANANTHAWADY, WAYANADU. 3. SHAJI, AGED 35 YEARS, S/O. DAMODARAN, NADAYATHUKUNNEL (H), SIX ACRE COLONY, ARATTUTHARA (PO), MANANTHAWADY, WAYANADU. 4. DEVASSIA & NJOONJI, AGED 40 YEARS, S/O.VARGHESE, ALEPPUPARA (H), ARATTUTHARA (P.O.), MANANTHAWADY, WAYANADU. BY ADV. MR.JESWIN P.VARGHESE RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5543 of 2009 ------------------------------------ Dated this the 25th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.376/2009 of Mananthawady Police Station. 2. The offences alleged against the petitioners are under Sections 452, 323, 324 and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 06/11/2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view 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 14/11/2009 and 15/11/ 2009. B.A. No. 5543/2009 2 Post on 20/11/2009. The petitioners shall produce a copy of the order before the investigation officer. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.376 of 2009 of Mananthawady Police Station, Wayanad District.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 06/11/2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 a bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 5543/2009 3 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm