IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5487 of 2009 CRIME NO.736 OF 2009 OF FORT POLICE STATION SUBSEQUENTLY TRANSFERRED TO THAMPANOOR POLICE STATION AND RENUMBERED AS CRIME NO.498 OF 2009. PETITIONERS/ACCUSED: ---------------------------------------- 1. SURESH S/O.SADASIVAN, VISHNU BHAVAN, OOTTUKUZHY, PULINKODU, VILAPPILSSALA P.O., THIRUVANANTHAPURAM. 2. MOHANAN, S/O.PANKAJAKSHAN, ANITHA BHAVAN, KUNDAMAN BHAGOM, PEYADU, THIRUVANANTHAPURAM. 3. RUSTUM RASHEED, S/O.MUHAMMED RASHEED, DDS HOUSE, OOTTUKUZHY, VILAPPILSALA P.O. 4. ABDUL HAKKIM, S/O.ABOOBAKKAR, HAKKIM MANZIL OOTTUKUZHY, VILAPPILSALA P.O. 5. SHAMNADU S/O.SALAHUDDIN, THERIYIL VEEDU, PADAVANCODU, VILAPPILSALA P.O. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5487 OF 2009 ------------------------------------------------------ Dated this the 14th day of October, 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 accused Nos.2, 3 and 6 to 8 in Crime No.736 of 2009 of Fort Police Station, Thiruvananthapuram, which was subsequently transferred to Thampanoor Police Station, where it was re-numbered as Crime No.498 of 2009. 2. The offences alleged against the petitioners are under Sections 364A and 384 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 30.9.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, B.A. NO. 5487 OF 2009 :: 2 :: there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 8th and 9th October, 2009. Post on 14.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.736 of 2009 of Fort Police Station.” 4. Learned counsel for the petitioners and the learned Public Prosecutor submitted that the petitioners have complied with the direction in the order dated 30,.9.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and that the petitioners have complied with the direction in the order dated 30.9.2009, 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: B.A. NO. 5487 OF 2009 :: 3 :: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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 ahz/