IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7447 of 2011() ----------------------------- CRIME NO.133/2011 OF KUTTAMPUZHA POLICE STATION ERNAKULAM DISTRICT PETITIONERS: ACCUSED: ------------------------- 1. ELDHOSE, AGED 45 YEARS,S/O.KURIAKOSE, KULANGATTIL HOUSE, VADATTUPARA P.O., KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 2. WILSON, AGED 40 YEARS, S/O.MANI, NELLIVILAYIL HOUSE, VADATTUPARA P.O., KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 3. SIJO, AGED 32 YERS, S/O. VARGHESE, POOKOMBIL HOUSE, VADATTUPARA P.O., KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.K.R.VINOD RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION, KOTHAMANGALAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7447 of 2011 ---------------------------------------------- Dated this the 10th 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.133 of 2011 of Kuttampuzha Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 341, 294(b) and 353 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 23/09/2011, the following order was passed: “3. The prosecution case is the following: On 14.8.2011 at 2.45 P.M., the accused persons were engaged in consuming alcohol near a stationery autorickshaw. The de facto complainant, the A.S.I. of Police, stated to the accused that they were committing an offence. At that time, the accused caught hold of the collar of the de facto complainant and abused him. He was also prevented from discharging his official duties. Bail Appln.No.7447/2011 : 2 : 4. The learned Public Prosecutor opposed the Bail Application. It is submitted that accused No.2 is involved in two abkari cases and another case involving an offence under Section 304 of the Indian Penal Code. 5. The learned counsel for the petitioners submitted that if the petitioners are arrested, there is every likelihood that they would be manhandled, harassed and humiliated. 6. 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 30.9.2011 and 1.10.2011. 7. Post on 10.10.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.133 of 2011 of Kuttampuzha Police Station, Ernakulam, till 12.10.2011. 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.” Bail Appln.No.7447/2011 : 3 : 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 23/09/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 23/09/2011 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 `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. Bail Appln.No.7447/2011 : 4 : c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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 skj