IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 5792 of 2009 CRIME NO.538 OF 2009 OF ETTUMANOOR POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 9, 11, 14 & 16 TO 19: ------------------------------- 1. MANOJ, S/O.CHACKO, AGED 37 YEARS, CHAMAGANA HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 2. JOMON SCARIA, S/O.SCARIA, AGED 35 YEARS, PULLATTU HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 3. SASI, S/O.KRISHNAN, AGED 57 YEARS, MONIPLAKKIL HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 4. BIJU JOHN, S/O.JOHN, AGED 40 YEARS, THARAMAGALATHU HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 5. PRINCE, S/O.KUNJUMON, AGED 26 YEARS, KURIANKARAOTTU HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 6. JOY, S/O.KURIAN, AGED 45 YEARS, MALLIKATHOTTAM HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 7. ROBY JOHN, S/O.JOHN, AGED 37 YEARS, KALLUKIRAMTHADATHIL HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 8. RETHAN, S/O.BABY, AGED 42 YEARS, MOOLEPARAMBIL HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 9. ASHARAF, S/O.MUHAMMED, AGED 48 YEARS, CHONATTUMALAYIL HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 10. SUJITH, S/O.THOMAS, AGED 30 YEARS, EDAKKATTU HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 11. GEORGE, S/O.JOSEPH, AGED 51 YEARS, THOTTUPARAMBIL HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 12. REJI, S/O.SCARIA, AGED 33 YEARS, PULLATTU HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 13. BABY, S/O.THOMAS, AGED 30 YEARS, KURIANKAROTTU HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 14. ANEESH, S/O.KUNJU, AGED 26 YEARS, PUNCHAYIL HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 15. SABU LUKOSE, S/O.LUKOSE, AGED 40 YEARS, THOMMANATH HOUSE, ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.SUNIL CYRIAC RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION (CRIME NO.538/2009), THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5792 OF 2009 ------------------------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 9, 11, 14 and 16 to 19 in Crime No.538 of 2009 of Ettumanoor Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 143 and 147 read with Section 149 of the Indian Penal Code and Section 3(1) of PDPP Act. 3. When the Bail Application came up for hearing on 20.10.2009, 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 B.A. NO. 5792 OF 2009 :: 2 :: before the investigating officer at 9 AM on 26th and 27th October, 2009. Post on 30.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.538 of 2009 of Ettumanoor Police Station, Kottayam.” 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 20.10.2009 has been complied with by the petitioners. 5. 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 20.10.2009 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 Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 5792 OF 2009 :: 3 :: 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; 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 ahz/