IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2948 of 2009() -------------------------------------- CRIME NO.221/2009 OF KEEZHVAIPUR POLICE STATION. PETITIONERS/ACCUSED NOS.1&2: -------------------------------------------------- 1. VARGHESE VARGHESE, AGED 49 YEARS, S/O.CHACKO VARGHESE, KURUMPESWARATH HOUSE, KUNNATHANAM P.O. 2. JOHN JOSEPH @ JOHNYKUTTY, AGED 45 YEARS, S/O.JOSEPH, VALIYAKANDATHIL HOUSE, MALLAPPALLY NORTH P.O. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT/COMPLAINANT : --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2948 of 2009 ------------------------------------ Dated this the 5th day of June, 2009 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.221/2009 of Keezhvaipur Police Station. 2. The offences alleged against the petitioners are under sections 332, 427 read with 34 of the Indian Penal Code. 3. I have gone through the case diary. 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. 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 for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 2948 /2009 2 A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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 scm