IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 5469 of 2009 CRIME NO.186 OF 2009 OF MATTANUR POLICE STATION, KANNUR PETITIONERS/ACCUSED 1 TO 4 ---------------------------------------------- 1. M.V.BALAN, (RETIRED HEAD MASTER), S/O.KRISHNAN, AGED 61 YEARS, MEETHALA VEEDU, ELEMBA, P.O.ULIYIL, MATTANUR. 2. BALAKRISHNAN KAIPPACHERI, (UD CLERK - IRRIGATION DEPARTMENT), S/O.CHATHUKUTTY, AGED 55 YEARS, HARSHANJALI, PARIYARAM, KOLARI P.O., MATTANUR. 3. V.C.NARAYANAN, S/O.NARAYANAN NAMBIAR, AGED 54 YEARS, RAMYA NIVAS, PERUMTHARACHAL, P.O.ULIYIL, MATTANUR. 4. NISHISH.N, S/O.NANU, AGED 34 YEARS, KALPAKA HOUSE, MODAKKOZHI, P.O.MUZHAKKUNNU, IRITTY. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT: --------------- STATE OF KERALA, (SHO, MATTANUR POLICE STATION, KANNUR), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5469 OF 2009 ------------------------------------------------------ Dated this the 17th 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. Petitioners are the accused in Crime No.186 of 2009 of Mattanur Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 409, 420 and 120B read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3.11.2009, the following order was passed: “It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction in the order dated 9th October 2009. However, the presence of the defacto complainant could not be secured on 17th and 18th October 2009 to explore the possibilities of a settlement. It is submitted by both sides that petitioners 1 and 2 may be directed to appear on another day before the investigating officer. Accordingly, there will be a B.A. NO. 5469 OF 2009 :: 2 :: direction to petitioners 1 and 2 to appear before the investigating officer at 9 AM on 15th November, 2009. Post on 17.11.2009. The petitioners shall produce a copy of the order before the investigating officer within a week. 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 2009 of Mattanur Police Station, Kannur.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 3.11.2009 has been complied with by the petitioners. 5. 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 3.11.2009 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 the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- B.A. NO. 5469 OF 2009 :: 3 :: each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays for a period of two months; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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 ahz/