IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3560 of 2011() ---------------------------------- (CRIME NO.789/2011 OF ERNAKULAM TOWN NORTH POLICE STATION) .................... PETITIONERS/PETITIONERS --------------------------------- 1. SIBY THOMAS, S/O THOMAS, AGED 19 , ARUMURY(H), ANGLO-INDIAN SCHOOL ROAD, VADUTHALA-23. 2. SEBASTINE LOPEZ, AGED 25, S/O TREESA LOPEZ, THUNDIPARAMBIL (H), ANGLO-INDIAN SCHOOL ROAD, VADUTHALA-23. 3. NIBIN M.J., S/O JOY, AGED 25, MUTTATH(H), ANGLO-INDIAN SCHOOL ROAD, VADUTHALA-23. BY ADVS. SRI.S.RAJKUMAR SRI.N.JAGATH RESPONDENT(S):RESPONDENT ------------------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- B.A.No. 3560 OF 2011 -------------------------------------- Dated this the 13th day of May, 2011 ORDER Petitioners are accused in Crime No.789/2011 of Ernakulam North Police Station. It was registered under Sections 341, 323, 452, 294(b), 427 and 34 I.P.C. This application is for pre-arrest bail. 2. The allegation is that on 23.04.2011 the accused had trespassed into the de facto complainant's shop at 2 pm and attacked him and committed mischief. 3. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. It is submitted by the learned Public Prosecutor that the 3rd petitioner has not been arrayed as accused so far. Hence, his request for bail is not considered now. 4. Considering all these aspects I am not inclined to grant anticipatory bail but the following directions are issued. The petitioners 1 and 2 will surrender before the investigating officer on 21.05.2011. The investigating B.A.No. 3560 OF 2011 : 2 : officer after interrogation will produce the petitioners 1 and 2 before the Magistrate. If interrogation is over, the learned Magistrate will grant bail to the petitioners 1 and 2 on each of them executing a bond for Rs.25,000/- with two solvent sureties for the like sum. However, the petitioners 1 and 2 shall be released only on the following further conditions: i. The petitioners 1 and 2 shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The petitioners 1 and 2 shall produce their original passport before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The petitioners 1 and 2 will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. B.A.No. 3560 OF 2011 : 3 : iv. The petitioners 1 and 2 and the sureties shall not leave the jurisdiction of the Court concerned, without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the petitioners 1 and 2 and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. petitioners 1 and 2 will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners 1 and 2 shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE dmb