IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 4296 of 2009() ------------------------------------- CRIME NO. 266/2009 OF KANJIRAPALLY POLICE STATION .............................. PETITIONES/ACCUSED: --------------------------------- 1. PROF.P.D. ANTONY AGED 71, S/O. DEVASIA, RESIDING AT PENDANATHU HOUSE, PARATHODU P.O., EDAKKUNNAM VILLAGE. 2. THRESSIAMMA KORA, AGED 57, W/O.KORA THOMAS PUTHENKADUPPIL HOUSE, KANJIRAPPALLY VILLAGE. 3. T.M. JOSEPH, AGED 52, S/O. MANI, THARAPPEL HOUSE, MANIMAL VILLAGE. 4. P.M.THOMAS, AGED 56, S/O. MATHAI, RESIDING AT NARITHOOKKIL HOUSE, ELIKKULAM VILLAGE. 5. LUKOSE JOSEPH, AGED 65 YEARS, S/O.JOSEPH, THAYYIL HOUSE, MANNARAKKAYAM BHAGOM, KANJIRAPPALLY. 6. JOSEPH THOMAS PANACKAL, AGED 60 YEARS, S/O.THOMAS, KAPPAD P.O., KANJIRAPPALLY. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE RESPONDENT/RESPONDENT: ----------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KANJIRAPPALLY POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. SIVAKUMAR K.S. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4296 of 2009 ------------------------------------ Dated this the 12th day of November, 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, 5, 6 7, 8 and 4 in Crime No. 266/2009 of Kanjirappally Police Station. 2. The offences alleged against the petitioners are under Sections 409 and 420 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 01.10.2009, 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 12.10.2009 and 13.10.2009. Post on 16.10.2009. B.A. No. 4296 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.266/2009 of Kanjirappally Police Station. Hand over copy to both sides.” 4. The learned counsel for the petitioners and the learned Public Prosecutor submitted that the petitioners have complied with the directions contained in the order dated 01.10.2009. 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 appear before the investigating officer for interrogation as and when required; B.A. No. 4296 of 2009 3 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln