IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6432 of 2011() ----------------------------- CRIME NO.620/2011 OF TH CHAVARA-THEKKUMBHAGAM Police Station , KOLLAM DISTRICT PETITIONERS/ACCUSED: --------------------------- 1. VIJAYAN, S/O. ARJUNAN, ARJUNALAYAM, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 2. AJAYAN, S/O. ARJUNAN, KAVELLAYIL KIZHAKKETHIL, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 3. SURESH, S/O. ARJUNAN, KAVELLAYIL KIZHAKKETHIL, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 4. ASOKAN, S/O. ARJUNAN, KAVELLAYIL KIZHAKKETHIL, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 5. SUNIL, S/O. NALINAKSHAN, KAITHAPUZHA THEKKETIL, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 6. VISHNU, S/O. VIJAYAN, ARJUNALAYAM, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 7. SAJEEV, S/O. NOORUDHEEN, THAPPATHIL PEEDIKAYIL, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. 8. SANTHOSH, S/O. SIVADASAN PILLAI, KAITHAPUZHA THEEKETHIL, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. Bail Appl..No. 6432 of 2011 9. RAJENDRAN, S/O. CHELLAPPAN, SRUTHI NILAYAM, PALAKKAL, THEVALAKKARA.P.O, KARUNAGAPALLY TALUK, KOLLAM. BY ADV. SRI.JIJO PAUL RESPONDENT/STATE: -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -31. PUBLIC PROSECUTOR: ADV.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6432 of 2011 ---------------------------------------------- Dated this the 25th day of August, 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 9 in Crime No.620 of 2011 of Chavara- Thekkumbhagam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452, 323, 324, 354 and 427 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 12/08/2011, the following order was passed: “3. The de facto complainant is the sister-in- law of accused Nos.1 to 4. The other accused are also relatives of accused Nos.1 to 4. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also taken note of the peculiar nature of the incident. 5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the Bail Appln.No.6432/2011 : 2 : petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 18/08/2011 and 19/08/2011. 6. Post on 25/08/2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.620 of 2011 of Chavara-Thekkumbhagam Police Station, till 27/08/2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 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 12/08/2011 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 12/08/2011 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 Appln.No.6432/2011 : 3 : bail on their executing bond for `10,000/- (Rupees Ten thousand only) 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) 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 skj