IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 6271 of 2009(A) ------------------------------------------ (CRIME NO.793/2009 OF PALA POLICE STATION, KOTTAYAM DISTRICT) ............... PETITIONER/ACCUSED: ---------------------------------- JOSE THOMAS, VATTAMATTATHIL HOUSE, KADAPPATTOOR P.O., PALA, KOTTAYAM DISTRICT. BY ADVS. MR.PREMCHAND R.NAIR, MR.TOJAN J. VATHIKULAM, MR.BEPIN PAUL. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PALA POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2009, ALONG WITH BA NOS. 6419 OF 2009, 6420/2009 AND 6421/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6271, 6419, 6420 and 6421 of 2009 ------------------------------------------------------- Dated this the 16th day of December, 2009 O R D E R These are the applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. These Bail Applications are filed by accused Nos.1 to 4 in Crime No. 793/2009 of Pala Police Station. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. When the Bail Application No.6271/2009 came up for hearing on 02.12.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 10th and 11th December, 2009. Post on 16.12.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested B.A. No. 6271, 6419, 6420 and 6421 of 2009 2 until further orders in connection with Crime No.793/2009 of Pala Police Station. The petitioner shall produce copy of this order before the investigating officer. The investigating officer shall make every endeavour to ensure the presence of the de facto complainant so as to afford an opportunity to the parties to settle the disputes. Hand over copy to both sides.” 4. Similar orders were passed in other Bail Applications as well on the same date. 5. The learned counsel for the petitioners submitted that the directions contained in the order dated 02.12.2009 were complied with. He also submitted that the de facto complainant had appeared before the police station and that a broad consensus was arrived at between the parties and that the petitioners have agreed to make payment of certain amounts before particular dates. 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 B.A. No. 6271, 6419, 6420 and 6421 of 2009 3 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs. 15,000/- in each case with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners 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. These Bail Application are allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln