IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7685 of 2011() ----------------------------- CRIME NO.787/2011 OF KOLLAM EAST POLICE STATION .................... PETITIONER/ACCUSED -------------------------- 1. MANU, S/O. VIPINAN, PADMAVILAS, MUNDAKKAL WEST, KOLLAM. 2. BIJU, S/O. BAHULEYAN, THUSHARA, AYATHIL.P.O., KOLLAM. 3. AJESH, S/O. SASIDHARAN PILLAI, AJESH BHAVAN, PANTHALATHAZHAM, KILIKOLLOOR.P.O., KOLLAM. 4. SREEJITH, S/O. SREEKUMAR, USHA HOUSE, VETTILATHAZHAM, DECENT JUNCTION, KOLLAM. 5. MIDHUN, S/O. MOHANKUMAR, SYAMA MANDIRAM, VETTILATHAZHAM, DECENT JUNCTION, KOLLAM. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.DHANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7685 of 2011 --------------------------- Dated this the 13th day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. When the Bail Application came up for admission on 26.9.2011, the following order was passed : “The petitioners apprehend arrest in Crime No.787 of 2011 of Kollam East Police Station. Earlier, they had filed B.A.No.6001 of 2011 which was disposed of as per the order dated 24th August, 2011 stating that the petitioners were not arrayed as accused. It was also directed that in case the petitioners are arrayed as accused, notice shall be issued to them under Section 160 of the Code of Criminal Procedure. Annexure A3 notice was issued to the petitioners directing them to appear on 16.9.2011. The petitioners have BA 7685/11 2 filed this Bail Application after receiving the notice. The learned Public Prosecutor submitted that the petitioners were directed to appear to ascertain the facts and not for the purpose of arresting them. He also submitted that it is sufficient, if the petitioners are directed to appear on two dates so that the investigation would be smoothly conducted. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 3rd and 4th October, 2011. 2. Post on 11.10.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.787 of 2011 of Kollam East Police Station, till 13.10.2011. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 3. It is submitted by the learned counsel for the BA 7685/11 3 petitioners that the direction in the order dated 26.9.2011 has been complied with by the petitioners. 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 26.9.2011 has 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 appear before the investigating officer for interrogation as and when required ; 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; BA 7685/11 4 D) 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 7685/11 5