IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 5742 of 2009() ------------------------------------- CRIME NO. 190/2009 OF VENGARA POLICE STATION ........................... PETITIONERS/ACCUSED: ------------------------------------ 1. MUHAMMED AZHIQUE, S/O.ALAVI, THAZHATHUVEETIL HOUSE, KARIMBIL, OORAKAM, KEEZHMURI, MALAPPURAM DISTRICT. 2. ANEES K.P., S/O.ALVAI HAJI, KUNDUPUZHAKKA, CHELATHUR, OORAKAM, KEEZHMURI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5742 of 2009 ------------------------------------ Dated this the 27th day of October, 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.1 and 2 in Crime No.190/2009 of Vengara Police Station. 2. The offences alleged against the petitioners are under Sections 452, 354 and 326 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 12.10.2009, 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 19th and 20th October, 2009. Post on 23.10.2009. B.A. No. 5742 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 190/2009 of Vengara Police Station, Malappuram. Hand over copy of this order to both sides.” 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 contained in the order dated 12.10.2009. 5. The Bail Application is opposed by the learned counsel appearing for the defacto complainant. It is submitted that this is not a fit case for granting Anticipatory Bail. 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. 15,000/- each with two solvent sureties for the like B.A. No. 5742 of 2009 3 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 all 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