IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5027 of 2009() ----------------------------- CRIME NO.322/09 OF KAREELAKULANGARA POLICE STATION PETITIONERS/ACCUSED : ---------------------------------- 1. VISWAMBARAN, AGED 37, S/O. VASU, MUNDAPPALLIL, NANGIARKULANGARA, CHEPPAD P.O., ALAPPUZHA DISTRICT. 2. MANOHARAN, AGED 35, S/O. VASU, MUNDAPPALLIL, NANGIARKULANGARA, CHEPPAD P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5027 of 2009 --------------------------------------------- Dated this the 9th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 4 in Crime No.322 of 2009 of Kareelakulangara Police Station, Alappuzha District. 2. The offences alleged against the accused persons are under Sections 452, 294(b), 324 and 427 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. 4. 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. There will be a direction that in the event of the arrest of petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following BA No.5027/2009 2 conditions: a) The petitioners 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; 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