IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5697 of 2011() ----------------------------- CRMP.1628/2011 of D.C. & SESSIONS COURT,KOLLAM (CRIME NO.633 OF 2011 OF KOTTIYAM POLICE STATION, KOLLAM DT) .................... PETITIONERS/ACCUSED NOS.2 & 3 ------------------------------------------------- 1. MANOJ,AGED 28 YEARS,S/O.RAJAN, SOFIA BHAVAN,OTTAPALAMOODU,KOTTIYAM,KOLLAM. 2. SUNIL,AGED 36 YEARS,S/O.SAHADEVAN, VATSALA BHAVAN,S.N.POLLY JUNCTION,KOTTIYAM, KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,KOTTIYAM POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ B.A.NO. 5697 of 2011 ------------------------------------ Dated this the 5th 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 3 in Crime No.633 of 2011 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 294(b), 324 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for admission on 26th July, 2011, the following order was passed: “3. The prosecution case is that on 5.6.2011, the accused persons attacked the de facto complainant. The first accused used a sword and accused Nos.2 and 3 used sticks. It is stated that the de facto complainant sustained cut injury. The learned counsel for the petitioners submitted that in respect of an incident on the same B.A.NO. 5697 of 2011 2 date and at the same place, Crime No.632 of 2011 was registered for the offences under Sections 294(b), 447, 324 and 308 read with Section 34 of the Indian Penal Code, in which, the de facto complainant is the first accused in the present case. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 1st and 2nd August, 2011. 6. Post on 5th August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.633 of 2011 of Kottiyam Police Station, Kollam District, till 10th August, 2011. The petitioners shall produce a copy of this order before the investigating officer. 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 26th July, 2011 has been complied with by the petitioners. B.A.NO. 5697 of 2011 3 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 26th July, 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) 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 report before the investigating officer between 9 A.M and 11 A.M on every Monday, 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. B.A.NO. 5697 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. cms