IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6361 of 2011 CRIME NO.176 OF 2011 OF KASABA POLICE STATION, KOZHIKODE PETITIONERS: : ACCUSED 1, 2, 5 & 6 ----------------------------------------- 1. NASEER.N, S/O. ABDULLA KUTTY, NAMBRANITHARAYIL HOUSE, PERUMBADAPPU AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT. 2. SHAMEER.N, S/O. ABDULLA KUTTY, NAMBRANITHARAYIL HOUSE, PERUMBADAPPU AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT. 3. SALEEM KODATHUR, S/O. EANU, NAMBIDISSERY HOUSE, KODATHUR, PERUMPADAPU, PUTHENPALLY, MALAPPURAM DISTRICT. 4. C.S. SMITHA, D/O.C.J. SAMUEL, CHERUVATHUR HOUSE, CHERLAYAM, UPPER BAZAR, KUNNAMKULAM, THRISSUR DISTRICT - 680 503. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6361 of 2011 ------------------------------------------------------ Dated this the 31st day of August, 2011 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.1, 2, 5 and 6 in Crime No.176 of 2011 of Kasaba Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 463, 464, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, the Crime was registered. 4. When the Bail Application came up for admission on 10th August, 2011, the following order was passed: Bail Appl. NO.6361 of 2011 :: 2 :: “5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, petitioners 1 and 2 should be directed to appear before the investigating officer. Accordingly, there will be a direction to petitioners 1 and 2 to appear before the investigating officer on 25th August, 2011. 5. Post on 31st August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.176 of 2011 of Kasaba Police Station, till 6th September, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. Petitioners 1 and 2 shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the Bail Appl. NO.6361 of 2011 :: 3 :: order dated 10th August, 2011 has been complied with by the petitioners. 6. 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 10th August, 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 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) Petitioners 1 and 2 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; Bail Appl. NO.6361 of 2011 :: 4 :: 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/