IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6746 of 2009() ------------------------------------- CRMP.2537/2009 of DISTRICT COURT, ALAPPUZHA CRIME NO. 486/2009 OF ALAPPUZHA NORTH POLICE STATION .................... PETITIONER/ACCUSED NOS 1 & 2: ------------------------------------------------ 1. JINEESH, S/O.THAMPAN, KAMPIYAKATH VEEDU, WARD NO.7, MANNANCHERRY PANCHAYATH, ALAPPUZHA DISTRICT. 2. MADHU, S/O.THAMPAN, KAMPIYAKATH VEEDU, WARD NO.7, MANNANCHERRY PANCHAYATH, ALAPPUZHA DISTRICT. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT/COMPLAINANT: ------------------------------------------- THE STATION HOUSE OFFICER, ALAPPUZHA NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6746 of 2009 ------------------------------------ Dated this the 26th day of November, 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.486/2009 of Alappuzha North Police Station. 2. The offences alleged against the petitioners are under Sections 452, 294(b), 323 and 427 read with Section 34 of the Indian Penal Code 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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. 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 6746 of 2009 2 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 ln