IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 5770 of 2009() ---------------------------------- CRIME NO. 390/2009 OF SAKTHIKULANGARAPOLICE STATION ......................... PETITIONERS/ACCUSED 2,3, & 5 : ---------------------------------------- 1. TOJI, AGED 24 YEARS, S/O.CLEETUS PIRAVOOR THEKKATHIL, SAKTHIKULANGARA, KOLLAM. 2. FREDDY, AGED 20 YEARS, S/O.JOHNSON T.T.BHAVAN, MEENATHU CHERRY, KAVANADU, KOLLAM. 3. MANIKUTTAN, AGE 25 YEARS, S/O.BALAKRISHN A PILLAI, THAYYIL, 5, MEENAM, SAKTHIKULANGARA, KOLLAM. BY ADVS. SRI. K.SHAJ SRI.L.RAJ MOHAN SRI.SAJJU.S SMT.REXY ELIZABETH THOMAS RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5770 of 2009 ------------------------------------ Dated this the 21st day of December, 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 accused Nos.2, 3 and 5 in Crime No.390/2009 of Sakthikulangara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 427 and 324 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for hearing on 10.12.2009, 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 before the investigating officer at 9 A.M. on 14.12.2009 and 15.12.2009. The petitioners shall produce B.A. No. 5770 of 2009 2 copy of this order before the investigating officer. Post on 18.12.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.390/2009 of Sakthikulangara Police Station. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 10.12.2009. 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.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. 5770 of 2009 3 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 ln