IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 4891 of 2009() ----------------------------- CRIME NO.358/2009 OF PERAMBRA POLICE STATION. PETITIONERS/ACCUSED: -------------------------------------- 1. BALAN.A.K., S/O. KUNHIRAMAN NAIR, MUTHUKUNNUMAMMAL, NOCHAD AMSOM DESOM, NOCHAD.P.O., KOYILANDY TALUK. 2. RAVEENDRAN NAIR.K.K., S/O.KUNHIKRISHNAN KIDAVU, KARUVAMKANDY, NOCHAD AMSOM DESOM, NOCHAD P.O., KOYILANDY TALUK. 3. KUNJUMAMMAD.K.K. AGED 55 YEARS, S/O. ABDULLA, KARUVAKANDY, NACHAD AMSOM DESOM, NOCHAD.P.O. KOYILANDY TALUK. 4. THARUVAYI.V.K. AGED 52 YEARS S/O. SUPI, VALANICKAL, KALPATHOOR.P.O. MEPPAYOOR, KOYILANDY TALUK. 5. NARAYANAN.K.P., S/O. KANNAN, MUTHUKUNNUMMEL, KALPATHOOR AMSOM RAMALLOOR DESOM, KALPATHOOR.P.O. MEPPAYOOR VIA. KOYILANDY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4891 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.358/2009 Perambra Police Station. 2. The offence alleged against the petitioners is under Section 377 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 8/09/2009, elaborate arguments were addressed by either side. An order dated 8/9/2009 was passed, which reads as follows: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before considering the Bail Application finally, it is necessary to afford an opportunity to the petitioners to appear before the police and explain the facts to the police. The petitioners shall appear before the investigating officer on 17/9/2009 and 18/9/2009 at 9 A.M. B.A. No.4891/2009 2 Post on 24/09/2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested till then.” 4. The learned counsel for the petitioners submitted that the petitioners have complied with the direction to appear before the investigating officer. The learned Public Prosecutor submitted that even after interrogation, the investigating officer is fully satisfied that the petitioners have committed the offence as alleged. 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.25,000/- 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 appear before the investigating officer for interrogation as and when required; B.A. No.4891/2009 3 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 scm