IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 7090 of 2009 CRIME NO.363 OF 2009 OF MANNAR POLICE STATION, ALAPPUZHA. PETITIONER/ACCUSED NOS. 1 TO 3 -------------------------------------------------- 1. REJI, AGED 37 YEARS, VETTATHUVILA THOPPIL, ENNAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 2. SHAJI, VETTATHUVILA THOPPIL, ENNAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 3. SOLAMAN, AGED 30 YEARS, VETTATHUVILA THOPPIL, ENNAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7090 of 2009 --------------------------------------------- Dated this the 29th day of January, 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 3 in Crime No.363 of 2009 of Mannar Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 323, 324 and 308 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 6th January, 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 8.1.2010 and 9.1.2010. The petitioners shall produce a copy of the order before the investigating officer. BA No.7090/2009 2 Post on 14.1.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.363 of 2009 of Mannar Police Station, Alappuzha District.” 4. The third petitioner could not comply with the order dated 6.1.2010, due to reasons beyond his control. He prayed for extension of time to comply with the order. As per the order dated 14.1.2010, the third petitioner was directed to appear before the investigating officer on 20th and 21st January, 2010. 5. The learned counsel for the petitioners and the learned Public Prosecutor submitted that the directions in the orders dated 6.1.2010 and 14.1.2010 were complied with by the petitioners. 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 directions in the orders dated 6.1.2010 and 14.1.2010 have 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 the arrest of BA No.7090/2009 3 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 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 BA No.7090/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.7090 of 2009 --------------------------------------------- Dated this the 6th day of January, 2010 ORDER 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 8.1.2010 and 9.1.2010. The petitioners shall produce a copy of the order BA No.7090/2009 5 before the investigating officer. Post on 14.1.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.363 of 2009 of Mannar Police Station, Alappuzha District. K.T.SANKARAN, JUDGE csl Hand over copy to both sides.