IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 4884 of 2009() ------------------------------------- CRIME NO. 333/2009 OF KOVALAM POLICE STATION ............................... PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. SMT.SUNANDA, AGED 54 YEARS, D/O.KOMALAVALLY, USHA BHAVAN, V.P.NO.3/291, VENGANOOR VILLAGE, KOVALAM P.O. TRIVANDRUM DISTRICT. 2. MS.SHARON, AGED 21 YEARS, D/O.SUNANDA, USHA BHAVAN, V.P.NO.3/291, VEGANOOR VILLAGE, KOVALAM P.O. 3. SRI.T.S.ARJUNAN, AGED 50 YEARS, S/O.SADASIVAM, RESIDING AT SOUPARNIKA, KOTTAMPOORU, MANPPURAM, MALAYINKEEZHU VILLAGE. BY ADV. SRI.R. MURALEEDHARAN PILLAI RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4884 of 2009 ------------------------------------ Dated this the 14th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.333/2009 of Kovalam Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 342, 354, 366 A and 372 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 26.08.2009, the following order was passed: “ Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. It is submitted by the learned counsel for the petitioners that the petitioners are prepared to appear before the investigating officer on any day fixed by this court. Accordingly, there will be a direction that the petitioners shall appear before the investigating officer on 28.08.2009 and 29.08.2009 at 9 A.M. B.A. No. 4884 of 2009 2 Post on 09.09.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested till then.” 4. It is submitted by the learned Public Prosecutor that in compliance with the order dated 26.08.2009, the petitioners appeared before the Investigating Officer and their statements were recorded. 5. In the facts and circumstances 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 Rs. 25,000/- 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 B.A. No. 4884 of 2009 3 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 Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln