IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 5868 of 2009() ------------------------------------------ CRIME NO.350/2009 OF MARARIKKULAM POLICE STATION, CHERTHALA. ........... PETITIONERS (S)/ ACCUSED ----------------------------- 1. N.SUNILKUMAR, AGED 33 YEARS S/O. NANANAPPAN, KUNNUVELI, THANNEERMUKKOM PANCHAYATH, WARD-18, MARUTHORVATTOM.P.O. CHERTHALA TALUK, ALAPPUZHA DIST. 2. AJI.N. AGED 37 YEARS, S/O. NANANAPPAN, KUNNUVELI, THANNEERMUKKOM PANCHAYATH, WARD-18, MARUTHORVATTOM.P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT. 3. MURALI.N. AGED 42 YEARS S/O. NANAPPAN, THOTTATHIL THANNEERMUKKOM PANCHAYATH, WARD-18, MARUTHORVATTOM.P.O. CHERTHALA TALUK, ALAPPUZHA DIST. BY ADV. MR.K.RAMANATHAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, SESSIONS COURT ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, MARARIKKULAM POLICE STATION, CHERTHALA. PUBLIC PROSECUTORMR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 5868 of 2009 ------------------------------------ Dated this the 2nd day of December, 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 in Crime No.350/2009 of Mararikkulam Police Station, Cherthala. 2. The offences alleged against the petitioners are under Sections 447, 452, 427, 341, 323 and 506(i) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 19.11.2009, 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 25th and 26th November, 2009. B.A. No. 5868 of 2009 2 Post on 02.12.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.350/2009 of Mararikkulam Police Station, Cherthala. The petitioners shall produce copy of this order before the investigating officer. Hand over copy to both sides.” 5. 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 19.11.2009. 6. 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 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. 5868 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 ln