IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 4592 of 2009() ----------------------------- CRIME NO.332/2009 OF PALODE POLICE STATION PETITIONERS : ACCUSED 4 TO 8, 9 & 10 ------------------------------- 1. KRISHNADAS, AGED 25 YEARS, S/O.GOPALAKRISHNAN, VELANKONAM HANANDAN COLONY, ANADU MURI, THENNOOR VILLAGE. 2. REJI, AGED 22 YEARS, S/O.ELIYAS, VELANKONAM CHARUVILAKATHU PUTHEN VEEDU, ANADU MURI, THENNOOR VILLAGE. 3. DEEPU, AGED 20 YEARS, S/O.YESAYAL, VELANKONAM VAYALINAKATHU VEEDU, ANADU MURI, THENNOOR VILLAGE. 4. DILEEP, AGED 18 YEARS, S/O.YESAYAL, VELANKONAM VAYALINAKATHU VEEDU, ANADU MURI, THENNOOR VILLAGE. 5. MANOJ @ VALIYAMAKKU, S/O.BUVANACHANDRAN, PP IX 282, VELANKONAM HANANDAN COLONY, ANADU MURI, THENNOOR VILLAGE. 6. ANEESH @ KOCHUMAKKU, AGED 20 YEARS, S/O.BUVANACHANDRAN, PP IX 282, VELANKONAM HANANDAN COLONY, ANADU MURI, THENNOOR VILLAGE. 7. BINU @ VASUKUTTAN, AGED 22 YEARS, S/O.SEELANKUTTY, PP IX 238, VELANKONAM COLONY, ANADU MURI, THENNOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PALODE POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4592 of 2009 --------------------------------------------- Dated this the 7th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.4 to 8, 9 and 10 in Crime No.332 of 2009 of Palode Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 427, 324, 326 and 308 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for hearing on 22nd September 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 this application for anticipatory bail, an opportunity should be afforded to the petitioners to appear before the investigating officer on 3rd and 5th October 2009 at 9 A.M. Post on 7.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested till then in connection with Crime No.332 of 2009 of Palode Police Station.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have complied with the directions in the order dated 22nd September 2009. BA 4592/09 2 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 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: 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 csl