IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6010 of 2011 CRIME NO.413 OF 2011 OF MARARIKKULAM POLICE STATION, ALAPPUZHA. PETITIONERS: ACCUSED NOS.2 AND 4: ------------------------------- 1. PRADEEP, AGED 23 YEARS, S/O.SASINDRAN, MALIYEKKAL, WARD NO.5, MARARIKKULAM NORTH PANCHAYATH, ALAPPUZHA. 2. NAIJU, S/O.NATESAN, MUNDEKKATTU WARD NO.5, MARARIKKULAM NORTH PANCHAYATH, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6010 of 2011 ------------------------------------------------------ Dated this the 16th day of August, 2011 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.2 and 4 in Crime No.413 of 2011 (wrongly shown as Crime No.418 of 2011 in the Bail Application) of Mararikkulam Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 149, 447. 294(b), 324 and 308 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that in respect of the incident alleged in the present case, Crime No.418 of 2011 was registered, in which, the injured is the first accused in the Bail Appl. NO.6010 of 2011 :: 2 :: present case. It is submitted that an offence under Section 308 of the Indian Penal Code is involved in Crime No.418 of 2011. 5. When the Bail Application came up for admission on 5th August, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 10th and 11th August, 2011. 5. Post on 16th August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.413 of 2011 of Mararikulam Police Station, till 19th August, 2011. The petitioners shall produce a copy of this order before the investigating officer.“ 6. It is submitted by the learned counsel for the petitioners as Bail Appl. NO.6010 of 2011 :: 3 :: well as the learned Public Prosecutor that the direction in the order dated 5th August, 2011 has been complied with by the petitioners. 7. 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 5th August, 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 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) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: 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; Bail Appl. NO.6010 of 2011 :: 4 :: 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/