IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7226 of 2009() ------------------------------------ CRIME NO. 334/2009 OF KARIMANNOOR POLICE STATION ....................... PETITIONERS/ACCUSED: ------------------------------------ 1. ANIL, S/O.SIVAN, THANATHALIL HOUSE, THOMMANKOOTHU, THODUPUZHA. 2. SIVAN, THANATHALIL HOUSE, DO. DO. 3. NANDINI, W/O.SIVAN, DO. DO. 4. SHINAJ, S/O.BASHEER, THOMMANKOOTHU, IDUKKI. 5. JOSEPH @ JOY, VETTUPARAMBEL HOUSE, MUNDANMUDI, VANNAPPURAM, IDUKKI. BY ADV. SRI.V.K.SUNIL RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (THE S.I. OF POLICE, KARIMANNOOR POLICE STATION, IDUKKI). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7226 of 2009 ------------------------------------ Dated this the 10th day of December, 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.334/2009 of Karimannoor Police Station, Idukki. 2. The offence alleged against the petitioners is under Section 353 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. 4. Taking into account the peculiar facts and circumstances of the case, the nature of the offence and other circumstances, 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.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 7226/2009 2 A) Petitioners 1 and 2 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) Petitioners shall appear before the investigating officer for interrogation as and when required; C) Petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) Petitioners 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 scm