IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1183 of 2010() ----------------------------- CRIME NO.186/2010 OF NEYYATTINKARA POLICE STATION .................... APPLICANT/ACCUSED ----------------------------------------------- 1. BABURAJ, S/O.SUKUMARAN, POTTAVILA VEEDU, FORT P.O,KADAVATTARAM, NEYYATTINKARA VILLAGE. 2. VIJAYARAJ, S/O. SUKUMARAN, POTTAVILA VEEDU, FORT P.O,KADAVATTARAM, NEYYATTINKARA VILLAGE. 3. SUDARSANADAS, S/O.JOHNSON, POTTAYIL VEEDU, IRUMBIL.P.O,NEYYATTINKARA VILLAGE. 4. WILSON, S/O.JOHNSON, KANJIVILA VEEDU, IRUMBIL P.O, NEYYATTINKARA VILLAGE 5. SELIN, S/O.JOHNSON, CHEKKALAKKAL V.J.MANZIL, IRUMBIL.P.O,NEYYATTINKARA VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (ASSISTANT SUB INSPECTOR OF POLICE,NEYYATTINKARA POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1183 of 2010 --------------------------------------------- Dated this the 24th day of March, 2010 ORDER The petitioners apprehend arrest by Neyyattinkara police in Crime No.186 of 2010, on an allegation of having committed non bailable offence under Section 304 read with Section 34 of the Indian Penal Code. The learned Public Prosecutor submitted that the names of petitioners 1, 3 and 4 were deleted from the array of accused. Petitioners 2 and 5 are respectively accused Nos.5 and 1. 2. When the Bail Application came up for hearing on 10.3.2010, 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 17th and 18th March, 2010. The petitioners shall produce a copy of the order before the investigating officer. BA No.1183/2010 2 Post on 24th March, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.186 of 2010 of Neyyattinkara Police Station.” 3. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 10.3.2010 has been complied with by petitioners 2 and 5. 4. 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 10.3.2010 has been complied with by petitioners 2 and 5, I am of the view that anticipatory bail can be granted to petitioners 2 and 5 (Accused Nos.5 and 1). There will be a direction that in the event of the arrest of petitioners 2 and 5, 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 BA No.1183/2010 3 conditions: a) Petitioners 2 and 5 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) Petitioners 2 and 5 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 2 and 5 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 2 and 5 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 closed in so far as it relates to petitioners 1, 3 and 4 as their names were deleted from the array of accused and the Bail Application is allowed in the manner indicated above in so far as it relates to petitioners 2 and 5. K.T.SANKARAN, JUDGE csl