IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 4591 of 2009() ---------------------------------------- CRIME NO.192/2009 OF ENATHU POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 AND 2: ---------------------------------------------- 1. BABY, AGED 48 YEARS,PANTRAPATTU VADAKKETHIL, THURAYOOR SOUTH,KADAMPANAD VILLAGE. 2. SHIBU,S/O.BABY, PANTRAPATTU VADAKKETHIL,THURAYOOR SOUTH, KADAMPANAD VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENTS/ STATE & COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4591 of 2009 ------------------------------------ Dated this the 12th day of October, 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. 1 and 2 in Crime No.192/2009 of Enathu Police Station. 2. The offences alleged against the petitioners are under Sections 341, 452, 324 and 326 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 22/9/2009, the following order was passed: “The petitioners are accused Nos. 1 and 2 in Crime No.192/2009 of Enathu Police Station. 2. The defacto complainant is their relative. It is submitted by the learned counsel for the petitioners that Crime No.193/2009 was registered on the basis of information given by the wife of the first accused in respect of the incident which took place on the date of incident in the present case. 3. After having heard the learned counsel for B.A. No.4591/2009 2 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 25th and 26th September, 2009. Post on 5/10/2009. 4. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested till then in connection with Crime No.192/2009 of Enathu Police Station.” 4. The learned counsel for the petitioners as well as the learned Public Prosecutor submitted that the petitioners have complied with the directions contained in the order dated 22/9/2009. 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. B.A. No.4591/2009 3 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.15,000/- 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 scm