IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2843 of 2008 ( ) ----------------------------------- CRIME NO.37/08 OF MALAYINKEEZH POLICE STATION .................... PETITIONERS/ACCUSED PERSONS NO.1 TO 3 ----------------------------------------------------- 1. SURENDRAN, S/O. RAGHAVAN, AGED 36 YEARS ARUVIKKUZHI PALLITHARA VEEDU, ARUVIPPARA, MALAYINKEEZH P.O., THIRUVANANTHAPURAM 2. BABUKUTTAN,S/O. RAMACHANDRAN AGED 35 YEARS, RESIDING AT KOOTHACODE PANAYIL VEEDU, MUKKAMPALAMOODU, PEYAD P.O., THIRUVANANTHAPURAM. 3. THANKAPPAN,S/O. SHAMBU, AGED 61 YEARS DO..DO... BY ADV. SRI.G.P.SHINOD RESPONDENTS/COMPLAINANT AND INVESTIGATING OFFICER: ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, AT HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE MALAYINKEEZH POLICE STATION,THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2843 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. Petitioners are accused Nos.1 to 3 in Crime No.37/08 of Malayinkeezh Police Station registered for offences under Sections 341, 323, 324 and 326 IPC read with Section 34 thereof. Heard the submissions of the counsel for the petitioners and the Public Prosecutor. The petitioners have approached this Court as application for anticipatory bail filed before the Sessions Court, Thiruvananthapuram was rejected vide Annexure-A order. Having considered the facts and circumstances of the case, I am of the view that the petitioners can be enlarged on bail imposing stringent conditions. In the result, allowing this application, I direct that the petitioners shall surrender before the Magistrate concerned positively on or before 13/5/2008 and shall deposit by way of cash security an amount of Rs.3,000/- each and shall thereafter execute bail bond for B. A. No.2843 of 2008 -2- Rs.15,000/- each with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioners can be enlarged on bail. On such release, the petitioners shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioners, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioners shall co-operate with the investigation in the case, shall not get themselves involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town in which they are having their permanent residence, the details of which shall be furnished to the Court and to B. A. No.2843 of 2008 -3- the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-