IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 2919 of 2009 CRIME NO.319 OF 2009 OF KOTTIYAM POLICE STATION PETITIONERS: ACCUSED NOS.1,3,4, & 6: ------------------------------------------- 1. YESUDASAN, AGED 45 YEARS, S/O.LEEN, SOOSY VILA, KAKKAKADAVU, PULLICHIRA P.O.,KOLLAM. 2. SONY, AGED 25 YEARS, S/O.FRANKLIN, KANANTTUVILA, KAKKAKADAVU, PULLICHIRA P.O., KOLLAM. 3. HARRISON, AGED 22 YEARS, S/O.FRANKLIN, KANANTTUVILA, KAKKAKADAVU, PULLICHIRA P.O., KOLLAM. 4. SAJITH, AGED 22 YEARS, S/O.SASIDHARAN, KANJIRAMVILA VEEDU, KAKKAKADAVU, PULLICHIRA P.O., KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2919 OF 2009 ------------------------------------------------------ Dated this the 27th 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. Petitioners are accused Nos.1, 3, 4 and 6 in Crime No.319 of 2009 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 294(b), 323, 354, 427 and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for hearing on 16.9.2009, the following order was passed: “Petitioners are accused Nos.1, 3, 4 and 6 in Crime No.319 of 2009 of Kottiyam Police Station. There is a counter case as Crime No.414/2009 of the same Police Station. It is submitted that the petitioners and the defacto complainant are neighbours. B.A. NO. 2919 OF 2009 :: 2 :: After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that an opportunity should be afforded to the petitioners to appear before the Investigating Officer. They are directed to appear before the Investigating Officer on 25th and 26th September, 2009 at 9 AM. Post on 01.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders.” 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 16.9.2009 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 16.9.2009 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: B.A. NO. 2919 OF 2009 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, 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 ahz/