IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5835 of 2011() ----------------------------- (CRIME NO.786 OF 2011 OF KADAKKAL POLICE STATION) ACCUSED 1-5 ------------------------------- 1. MOHAMMED ISMAYIL, OLIPPINKARA PUTHEN VEEDU, ILAMPAZHANNOOR MURI, KADAKKAL, KOLLAM DISTRICT. 2. SUDHEER, RAJILA MANZIL, MADANNADA MURI, CHADAYAMANGALAM, KOLLAM DISTRICT. 3. NIZAM, NIZAMA MANZIL, KADANNOOR MURI, CHADAYAMANGALAM, KOLLAM DISTRICT. 4. SHANU, SHANU MANZIL, ILAMPAZHANNOOR MURI KADAKKAL, KOLLAM DISTRICT. 5. VISHNU, PUTHEN VILA VEEDU, MOOLAMCODU MURI, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5835 OF 2011 --------------------------------- Dated this the 5th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 5 in Crime No.786 of 2011 of the Kadakkal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 27th July, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It is submitted that the injuries sustained by the defacto complainant are not very serious in nature. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before B.A.No.5835 OF 2011 2 considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 2nd and 3rd August, 2011. 5. Post on 5th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.786 of 2011 of the Kadakkal Police Station, till 5th August,2011. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 27th July, 2011 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 27th July, 2011 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 B.A.No.5835 OF 2011 3 for `10,000/- (Rupees Ten thousand only) 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 every Monday, till the final report is filed or until further orders; 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. cms