IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5150 of 2011() ------------------------- CRIME NO.352/2011 OF KOLLAM WEST POLICE STATION PETITIONERS/ACCUSED NOS. 1 TO 5 : --------------------------------- 1. UNNI, S/O.JAYAKUMAR,AGED 22 YEARS, THOTTUMUKHATHU PADINJATTATHIL,THIRUMULLAVARAM.P.O, KOLLAM. 2. ANAND,S/O.JALADHARAN,AGED 26 YEARS, AMBALAMTHOPPIL,THIRUMULLAVARAM.P.O,KOLLAM. 3. RANJITH @ BABUKUTTAN,S/O.REGHU,AGED 25 YEARS, KANNANKARAKIZHAKKATHIL,THIRUMULLAVARAM.P.O, KOLLAM. 4. JIJU.S/O.JAYAKUMAR,AGED 24 YEARS, THOTTUMUKHATHU PADINJATTATHIL,THIRUMMULLAVARAM.P.O KOLLAM. 5. VISHNU,S/O.ANILKUMAR,AGED 17 YEARS, PAITTAYYATHUVEEDU,THIRUMULLAVARAM.P.O,KOLLAM (JUVENILE-REPRESENTED THROUGH HIS FATHER AND NATURAL GUARDIAN MR.ANILKUMAR,PITTAYYATHUVEEDU, THIRUMULLAVARAM.P.O,KOLLAM). BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: COMPLAINANT : ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5150 of 2011 ---------------------------------------------- Dated this the 20th day of July, 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 5 in Crime No.352 of 2011 of Kollam West Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 323, 354 and 506(ii) read with 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 05/07/2011, the following order was passed: “3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before considering the question whether anticipatory bail should be granted, it is necessary to direct the petitioners to appear before the investigating officer on 13th and 14th of July, 2011 between 9 A.M. and 11 A.M. The learned Public Prosecutor submits that the petitioners will not be arrested in connection with the crime till 20th July, 2011.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the Bail Appln.No.5150/2011 : 2 : direction in the order dated 05/07/2011 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 05/07/2011 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) 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 all 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. Bail Appln.No.5150/2011 : 3 : 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 skj