IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 7443 of 2011() ----------------------------- CRIME NO.58/2011 OF PAMBA POLICE STATION, PATHANAMTHITTA DT. PETITIONERS/ACCUSED --------------------------------------- 1. BABY @ ABRAHAM,KOLLIRICKAL HOUSE, NELLIMALA,THULAPPALLY MURI,KOLLAMULA VILLAGE, RANNI TALUK,PATHANAMTHITTA DISTRICT. 2. SUNDARAN,VAZHAVILAYIL VEEDU, NELLIMALA,THULAPPALLY MURI,KOLLAMULA VILLAGE, RANNI TALUK,PATHANAMTHITTA DISTRICT. 3. MANI @ RADHAMONY,AGED 53 YEARS, THADATHIL HOUSE,NELLIMALA,THULAPPALLY MURI, KOLLAMULA VILLAGE,RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE S.I.OF POLICE, PAMBA POLICE STATION,PIN 689 662. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 7443 OF 2011 --------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 3 in Crime No.58 of 2011 of Pamba Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 379, 448 and 427 of the Indian Penal Code. 3. When the Bail Application came up for admission on 10th October, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. “4. The prosecution case is that on 18.8.2011 at 10.30 P.M, the accused persons trespassed into the property of the de facto complainant and committed theft of wire fencing and the anglers. The learned counsel for the petitioners submitted that there is civil dispute between the parties with respect to the property and O.S.No.171 of 2011 on the file of B.A.No. 7443 OF 2011 2 the Court of the Munsiff of Ranni, filed by the third petitioner against the de facto complainant, is pending, in which, Annexure I interim order was passed. 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 15th and 16th October, 2011. 6. Post on 20th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.58 of 2011 of Pamba Police Station, till 25th October, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 10th October, 2011 has been complied with by the petitioners. B.A.No. 7443 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 10th October, 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 Rs.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 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 7443 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms