IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 6893 of 2009 CRIME NO.256 OF 2009 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED --------------------------------------- 1. PRAMOD,AGED 20 YEARS,S/O.FRANCLIN, THETTICHIRA CHARUVILA VEEDU,ANDOORKONAM.P.O, POTHENCODE,THIRUVANANTHAPURAM. 2. MANIKANTAN,AGED 29 YEARS, S/O.KOCHU CHERUKKAN,THETTICHIRA,CHARUVILAKAM VEEDU ANDOORKONAM.P.O,POTHENCODE. 3. SAIMAN,AGED 42 YEARS,S/O.KALEPPU, THADATHARIKATHU VEEDU,POTHENCODE, THIRUVANANTHAPURAM. 4. ANIRUDHAN,S/O.CHELLAPPAN,AGED 48 YEARS, THADATHARIKATHU VEEDU,THETTICHIRA. 5. SANTHA, W/O.ANIRUDHAN,AGED 35 YEARS, THADATHARIKATHU VEEDU,THETTICHIRA. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: STATE -------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM(CRIME NO256 OF 2009 OF POTHENCODE POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6893 of 2009 --------------------------------------------- Dated this the 28th day of January, 2010 ORDER When the Bail Application came up for hearing on 19.1.2010, the following order was passed: “This is an application for anticipatory bail filed by five petitioners apprehending arrest in Crime No.256/2009 of Pothencode Police Station, Thiruvananthapuram. 2. The learned Public Prosecutor submitted that petitioners 1 to 3 are respectively accused Nos.2, 6 and 8 and petitioners 4 and 5 are not involved in the crime. 3. The offences alleged against the petitioners are under Sections 143, 147, 148, 332 and 188 read with Section 149 of the Indian Penal Code, Section 3(1) of the Prevention of Damage to Public Property Act and Section 18(1) (B)(3) read with Sections 38 and 52 of the Kerala Police Act. 4. Taking into account 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 petitioners 1 to 3 to appear before the investigating officer. Accordingly, there will be a direction to petitioners 1 to 3 to appear before the investigating officer at 9 A.M. on 22.1.2010. Post on 27.1.2010. It is submitted by the learned Public Prosecutor that petitioners 1 to 3 will not be arrested until further orders in connection with Crime No.256 of 2009 of Pothencode Police Station, Thiruvananthapuram. Petitioners 1 to 3 shall produce copy of this BA No.6893/2009 2 order before the investigating officer.” 2. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 19.1.2010 has been complied with by petitioners 1 to 3. 3. 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 19.1.2010 has been complied with by petitioners 1 to 3, I am of the view that anticipatory bail can be granted to petitioners 1 to 3. There will be a direction that in the event of the arrest of petitioners 1 to 3, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1 to 3 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) Petitioners 1 to 3 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1 to 3 shall not try to influence the prosecution BA No.6893/2009 3 witnesses or tamper with the evidence; d) Petitioners 1 to 3 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 csl