IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9244 of 2011() ----------------------------- IN CRIME NO.856/2011 OF CHAVARA THEKKUM BHAGOM POLICE STATION PETITIONERS (S):/ACCUSED NOS. 1 TO 6 ----------------------------------------------------------- 1. ANTONY, S/O. ALOSIOUS, AGED 27 YEARS,MILTON COTTAGE, KOIVILA THEVELAKKARA VILLAGE, KOLLAM. 2. ALOSIOUS, S/O. LEON, AGED 59 YEARS, MILTON COTTAGE, KOIVILA THEVELAKKARA VILLAGE, KOLLAM. 3. SOJAN DAS, S/O. DAS XAVIER, AGED 24 YEARS, M.H LAND, KOIVILA THEVELAKKARA VILLAGE, KOLLAM. 4. TONY, S/O. THOMAS, AGED 20 YEARS, TOM VILLA, KOIVILA THEVELAKKARA VILLAGE, KOLLAM. 5. JOSE, S/O. BABU, AGED 21 YEARS, OLAKKATTUVILA, KOIVILA THEVELAKKARA VILLAGE, KOLLAM. 6. ANTONY, S/O. ANSIL, AGED 25 YEARS, CHERIKADAVIL, KOIVILA THEVELAKKARA VILLAGE, KOLLAM. BY ADVS. SRI. K.SIJU KAMALASANAN SMT.BINDU GEORGE RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHAVARA THEKKUM BHAGOM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. R. RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------- B.A.No.9244 of 2011 --------------------------- Dated this the 30th 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 to 6 in Crime No.856 of 2011 of Chavara Thekkum Bhagom Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452, 427, 324, 354 and 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 19th November, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature B.A.No.9244 OF 2011 2 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 24th and 25th November, 2011. 5. Post on 30th November, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.856 of 2011 of Chavara Thekkum Bhagom Police Station, till 3.12.2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner 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 19th November, 2011 has been complied with by petitioners 2 to 6. The first petitioner is employed in a Gulf country and therefore, he could not comply with the order. 5. Since the first petitioner has not complied with the direction, the Bail Application is dismissed, in so far as it relates to the first petitioner. B.A.No.9244 OF 2011 3 6. 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 19th November, 2011 has been complied with by petitioners 2 to 6, I am of the view that anticipatory bail can be granted to petitioners 2 to 6. There will be a direction that in the event of the arrest of the petitioners 2 to 6, the officer in charge of the police station shall release them on bail on their executing bond for `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 2 to 6 shall appear before the investigating officer for interrogation as and when required; b) The petitioners 2 to 6 shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioners 2 to 6 shall not commit any offence or indulge in any prejudicial activity while on bail. d) The petitioners 2 to 6 shall cooperate with the investigating officer in the matter of investigation. e) In case of breach of any of the conditions B.A.No.9244 OF 2011 4 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed in the manner indicated above, in so far as it relates to petitioners 2 to 6, and the Bail Application is dismissed, in so far as it relates to the first petitioner. K.T.SANKARAN, JUDGE. cms