IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3731 of 2009() ----------------------------------------- CRIME NO.388/2009 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. DINU KUMAR, AGED 28, S/O.DIVAKARAN NAIR, DEEPA BHAVAN, ANNAL, PIRAPPANCODE P.O., MANICKAL VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM. 2. DIPU KUMAR @ UNNI, AGED 30, S/O.DIVAKARAN NAIR, DEEPA BHAVAN, ANNAL, PIRAPPANCODE P.O., MANICKAL VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS/ STATE & COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3731 of 2009 ------------------------------------ Dated this the 10th day of July, 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.388/2009 of Venjarammoodu Police Station. 2. The offences alleged against the petitioners are under Sections 496 of the Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities)Act. 3. I have gone through the case diary. 4. The petitioner also relied on the decision Shanu Vs. State of Kerala [2000(3)K.L.T. 452]. 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. 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.25,000/- each with B.A. No. 3731/2009 Page numbers two solvent sureties for the like amount to 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 all 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 scm