IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 4428 of 2008 ------------------------------------ (CRIME NO.675/2008 OF CENTRAL POLICE STAITON, ERNAKULAM) .................. APPLICANTS/ACCUSED NOS. 1 & 3 :- -------------------------------------------------- 1. A.N.MOHANAKURUP, S/O M.K. NARAYAN PILLAI, POONAM, MONNATH LANE, THRISSUR. 2. M.SAYEDU, S/O M.K. MUHAMMED, MUNDEKKATT HOUSE, TIRUR. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF CENTRAL POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.A.BREEZ ADV.SRI.K.R.VINOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, ALONG WITH BA NO. 4549 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.Nos.4428 & 4549 of 2008 ------------------------------------------ Dated, this the 6th day of February, 2009 ORDER Petition for anticipatory bail. 2. Alleged offences are under Sections 406, 408, 409, 477-A and 120B read with Section 34 of the Indian Penal Code. Petitioners in B.A.No.4428 of 2008 are accused Nos. 1 and 3 and petitioner in B.A.No.4549 of 2008 is accused No.2 in the crime. 3. Learned counsel for petitioners submitted that due to the intervention of the All India Chemists and Druggists Association, the matter was settled between de facto complainant and petitioners. No person has any grievance in the matter. Learned counsel for petitioners and de facto complainant and another counsel appearing for another set of members of the Association were heard and all of them concede that the matter is settled. During the pendency of these petitions, petitioners were directed to surrender before the investigating officer and they were interrogated also. 3. On hearing both sides I am satisfied that petitioners can be granted anticipatory bail in the peculiar facts B.A.Nos.4428 & 4549 of 2008 2 and circumstances of the case. Hence the following order is passed: ii) Petitioners shall surrender before the Magistrate Court concerned and they shall be released on bail on their executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions. ii) Petitioners shall report before the investigating officer as and when directed and co-operate with the investigation. iii) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vns