IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 313 of 2010 CRIME NO.1159 OF 2009 OF KOTTIYAM POLICE STATION, KOLLAM. PETITIONERS/ACCUSD NO.2,4, & 5, --------------------------------------------------- 1. SANOOJ.K.R., S/O. KALISTUS, AGED 28 YEARS, SAJI BHAVAN, KANNANALLOOR.P.O., KOLLAM. 2. SHAJI.M., @ SHAN S/O. MERIDASAN, AGED 29 YEARS, ASHA BHAVANAM, PADAPPAKARA.P.O., MULAVANA, KOLAM. 3. ANIL ANDREWS, S/O. ANDREWS, AGED 35 YEARS, PUSHPAVILASM POIKAYIL, KANNANALLOR.P.O., KOLLAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: --------------- 1. SUB INSPECOTOR OF POLICE, KOTTIYAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 313 OF 2010 ------------------------------------------------------ Dated this the 9th day of February, 2010 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.2,4 and 5 in Crime No.1159 of 2009 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 323, 452, 427, 294(b) read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for hearing on 28.1.2010, the following order was passed: “The petitioners apprehend arrest in Crime No.1159 of 2009 of Kottiyam Police Station. Originally, they were arrayed as accused Nos.2, 4 and 5 in Crime No.1159 of 2009. The offences alleged against the accused persons were under Sections 143, 147, 323, 452, 427 and 294(b) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. Later, the investigating officer filed a report to delete all other accused persons except the petitioners from the B.A. NO. 313 OF 2010 :: 2 :: array of accused. The petitioners are accused Nos.1 to 3 in the case as of now. The learned Public Prosecutor submitted that the offences under Sections 143, 147 and 149 IPC were deleted from the case. 2. In the facts and circumstances of the case, 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 before the investigating officer at 9 A.M. on 3.2.2010 and 4.2.2010. The petitioners shall produce a copy of the order before the investigating officer. Post on 9.2.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.1159 of 2009 of Kottiyam Police Station.” 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 28.1.2010 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 B.A. NO. 313 OF 2010 :: 3 :: the direction in the order dated 28.1.2010 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: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on 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; 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 ahz/