IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 5918 of 2011() ----------------------------- CRIME NO.124/2011 OF THOTTILPALAM POLICE STATION, KOZHIKODE PETITIONERS (S):ACCUSED 2 & 3 ---------------------------------------- 1. SASIDHARAN T.K, AGED 55 YEARS S/O.GOPALA KURUP, THEYYATHAN KANDIYIL HOUSE P.O.MOKERI, KOZHIKODE. 2. BALAKRISHNAN ,AGED 43, S/O.CHEKKAI, MEETHEYIL PARAYULLA PARAMBATHU PO,MOKERI,KOZHIKODE BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THOTTILPALAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5918 of 2011 --------------------------- Dated this the 16th day of August, 2011 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 and 3 in Crime No.124 of 2011 of Thottilpalam Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324 and 332 read with Section 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act. 3. When the Bail Application came up for admission on 4.8.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and BA 5918/2011 2 circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 10th and 11th of August, 2011. 5. Post on 16th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.124 of 2011 of Thottilpalam Police Station, till 16th August, 2011. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 4.8.2011 has been complied with by the petitioners. BA 5918/2011 3 5. 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 4.8.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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; BA 5918/2011 4 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