IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8561 of 2011() ----------------------------- CRIME NO.2033/11 OF KOTTARAKKARA POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2: --------------------------------- 1. MURALEEDHARAN PILLAI, AGED 48 YEARS, S/O.KESAVA PILLAI, MELEVILAPADINJATTATHIL, VETTIKAVALA VILLAGE, KOTTARAKKARA TALUK. 2. GOPINATHAN PILLAI, AGED 60 YEARS, S/O.KRISHNA PILLAI, ANU BHAVAN, MUTTAVILA, VETTIKAVILA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8561 of 2011 --------------------------- Dated this the 14th day of November, 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.1 and 2 in Crime No.2033 of 2011 of Kottarakkara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 341, 307, 324, 506(i) and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 31.10.2011, the following order was passed : “3. The prosecution case is that on 6.10.2011 at 4.45 P.M., the de facto complainant and others were attacked by the accused with a tapping knife and they sustained serious injuries. 4. The learned counsel for the petitioners pointed out that on 6.10.2011 at BA 8561/11 2 4.30 P.M., the first petitioner herein was attacked by the de facto complainant and others and he sustained grievous hurt. Crime No.2036 of 2011 was registered at Kottarakkara Police Station in respect of that offence. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case and the nature of the offences, 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 7.11.2011 and 8.11.2011. 7. Post on 14.11.2011. 8. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.2033 of 2011 of Kottarakkara Police Station, till 16.11.2011. 9. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. BA 8561/11 3 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 31.10.2011 has been complied with by the petitioners. 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 31.10.2011 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : BA 8561/11 4 A) The petitioners 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) 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; 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 csl