IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7044 of 2009() ----------------------------- CRIME NO.491/2009 OF CHERUTHURUTHY POLICE STATION .................... PETITIONERS/2ND AND 3RD ACCUSED --------------------------------------------------- 1. GIREESH, AGED 44 YEARS, S/O.VELUKKUTTY, THALAIKKATTU HOUSE, ARTHATTU VILLAGE, CHITTANNOOR DESOM, TALAPPILLY THALUK, THRISSUR DISTRICT. 2. SHIJI, AGED 29 YEARS, W/O.GIREESH, THALAIKKATTU HOUSE, ARTHATTU VILLAGE, CHITTANNOOR DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7044 OF 2009 ------------------------------------------------------ Dated this the 3rd 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. Petitioners are accused Nos.2 and 3 in Crime No.491 of 2009 of Cheruthuruthy Police Station. 2. The offences alleged against the petitioners are under Sections 363 and 376 of the Indian Penal Code. 3. The allegation against the petitioners is that they provided shelter to the girl and the first accused. The second accused is the brother-in-law of the first accused and the third accused is the sister of the first accused. It is stated that the first accused and the girl were in love. 4. Taking into account the 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. B.A. NO. 7044 OF 2009 :: 2 :: 5. 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.15,000/- 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 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 ahz/