IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 260 of 2010() ---------------------------- CRIME NO.52/2010 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DT. .................... PETITIONERS/ACCUSED NOS. 1 TO 4 --------------------------------------------------- 1. ABDUL KAREEM, AGED 28 YEARS, S/O. MUHAMMED HUSSAIN, PONNAMKUZHIYIL HOUSE, MUDAVOOR.P.O., MUVATTUPUZHA,ERNAKULAM DISTRICT. 2. SALIM KASSIM, AGED 32 YEARS, S/O. KASSIM RAWTHER, MECHERIMYALLIL HOUSE, MUVATTUPUZHA.P.O, ERNAKULAM DISTRICT. 3. ANSAR.K.M. AGED 35 YEARS, S/O. MUHAMMED, KOLATHAPILLIL HOUSE, RANDAR.P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. SHIYAS.C.A., AGED 28 YEARS, S/O. ABDUL MAJEED, CHANDILAKUNNEL HOUSE, AVOLY.P.O ANICAD KARA, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, ERNKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.260 of 2010 --------------------------------------------- Dated this the 16th day of February, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.52 of 2010 of Muvattupuzha Police Station. 2. The offences alleged against the petitioners are under Sections 365, 324 and 323 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3.2.2010, 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 9th and 10th February, 2010. Post on 16.2.2010. It is submitted by the learned Public BA No.260/2010 2 Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.52 of 2010 of Muvattupuzha Police Station, Ernakulam. The petitioners shall produce copy of this order before the investigating officer.” 4. The learned counsel for the petitioners submitted that except the second petitioner, all other petitioners complied with the direction in the order dated 3rd February, 2010 in full. The second petitioner appeared before the investigating officer on 9th February, 2010. He could not appear on 10th February, 2010 as he had to undergo an emergency surgical operation on 10.2.2010 at Krishna Hospital, Ernakulam. 5. The learned Public Prosecutor submitted that the submissions made by the learned counsel for the petitioners are correct. 6. 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 3.2.2010 has been substantially complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. BA No.260/2010 3 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 first petitioner 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