IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 5959 of 2011() ----------------------------- (CRIME NO.600 OF 2011 OF KALADY POLICE STATION ) PETITIONERS/ACCUSED NOS 5 & 6 ------------------------------------------------- 1. ALBIN,S/O.VARGHESE,AGED 20 YEARS, THIRUTHANATHIL VEEDU,MANJAPRA.P.O,KALADY(VIA), ERNAKULAM DISTRICT. 2. RIYONS,S/O.VARGHESE,AGED 24 YEARS, CHAKKIAN HOUSE,MANJAPRA.P.O,KALADY(VIA), ERNAKULAM DISTRICT. 3. SIJO, S/O.GEORGE, AGED 35 YEARS, VELIYAVEETTIL HOUSE, KODAKARA VILLAGE, MUKUNDAPURAM TALUK, KODAKARA. [PETITIONER NO.3 IS IMPLEADED AS PER ORDER DATED 24.8.2011] BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.P.MOHANDAS (ERNAKULAM) SRI.M.R.JAYAPRASAD SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031. 2. SUB INSPECTOR OF POLICE,KALADY POLICE STATION,ERNAKULAM DISTRICT-683574. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2011, ALONG WITH BA NO. 6481 OF 2011 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. Nos.5959, 6481 & 6575 OF 2011 ----------------------------------------------------- Dated this the 24th day of August, 2011 ORDER These Bail Applications are for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners in B.A.No.5959 of 2011 are accused Nos.5 and 6 in Crime No.600 of 2011 of Kalady Police Station. The petitioner in B.A.No.6575 of 2011 is accused No.3 and the petitioner in B.A.No.6481 of 2011 is accused No.4 in that crime. 2. The offences alleged against the accused are under Sections 397 and 427 of the Indian Penal Code. 3. The allegation is that the accused persons forcibly took away 30 fowls from the lorry belonging to the defacto complainant and also caused damage to the lorry to the tune of `27,000/-. It is alleged that accused persons caused injuries to the defacto complainant, his brother and two B.A. Nos.5959, 6481 & 6575 OF 2011 2 others. 4. The learned counsel for the petitioners, and Advocate Mr.Sreehari, the learned counsel appearing for the defacto complainant and other aggrieved persons and injured persons submitted that the disputes between the parties have been settled. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, and also taking note of the submissions of the counsel as mentioned above, 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 `10,000/-(Rupees Ten thousand only) 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 appear before the investigating officer for interrogation as and when required; B.A. Nos.5959, 6481 & 6575 OF 2011 3 B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed to the extent indicated above. The petitioners shall produce a copy of this order before the Investigating Officer. K.T.SANKARAN, JUDGE. cms