IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 5545 of 2009() ----------------------------- CRIME NO.641/2009 OF KASARAGOD POLICE STATION PETITIONERS (S): ACCUSED 1 & 2 ----------------------------------------------- 1. PRABHAKARA, S/O. RAMACHANDRA, S/O. RAMACHANDRAN, AGED 38 YEARS, NEAR VISHNU MANGALA TEMPLE, R.D. NAGAR, KUDLU VILLAGE, KASARGOD. 2. HAREESHA, S/O. PRABHAKARA, AGED 20 YEARS, R.D. NAGAR, KUDLU VILLAGE, KASARGOD. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION, THROUGH THE PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5545 of 2009 --------------------------------------------- Dated this the 10th day of November, 2009 ORDER 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.641 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 427 and 452 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 9th October 2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 19th and 20th October, 2009 at 9 A.M. Post on 26.10.2009. BA No.5545/2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.641 of 2009 of Kasaragod Police Station.” 4. The learned counsel for the petitioners and the learned Public Prosecutor submitted that the petitioners have complied with the direction in the order dated 9th October 2009. 5. 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 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 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; BA No.5545/2009 3 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