IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5462 of 2011() ----------------------------- CRMP.1648/2011 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.377/2011 OF SAKTHIKULANGARA POLICE STATION KOLLAM .................... PETITIONERS:ACCUSED -------------------- 1. ANJILA @ THANKAMMA, AGED 65 YEARS, W/O.JOSEPH, KAYALTHOPE VEEDU, MUKKAD, MEENATH CHERY, SAKTHIKULANARA, KOLLAM-691601. 2. LIZA, AGED 32 YEARS, W/O.OUSEPH, -DO-. BY ADV. SRI.V.JAYAPRADEEP SRI.E.SHANAVASKHAN SMT.V.V.RISANI SRI.SANEESH KUNJUKUNJU RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE CI OF POLICE, KOLLAM WEST, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5462 of 2011 ---------------------------------------------- Dated this the 02nd 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.6 and 7 in Crime No.377 of 2011 of Sakthikulangara Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 447, 323, 324 and 302 of the Indian Penal Code. 3. When the Bail Application came up for admission on 21/07/2011, the following order was passed: “3. The date of occurrence was on 23.4.2011. As a result of the incident, one Sampath died. The deceased as well as the accused are neighbours. It is submitted by the learned counsel for the petitioners that there is nothing to indicate that the petitioners herein, who are accused Nos.6 and 7, did anything to the deceased. There is no allegation that accused Nos.6 and 7 attacked the deceased or used any weapon of offence against him. 4. Heard the learned Public Prosecutor also. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case and the nature of the Bail Appln.No.5462/2011 : 2 : offence, I am of the view that before considering the question of granting anticipatory bail, the 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 27th and 28th July, 2011. 6. Post on 2nd August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.377 of 2011 of Sakthikulangara Police Station, till 4th August, 2011. 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 21/07/2011 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 21/07/2011 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) with two solvent sureties for the like amount to Bail Appln.No.5462/2011 : 3 : 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 every Monday, 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge