IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 4488 of 2009() ------------------------------------------------ CRMP.465/2009 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.308/2009 OF ADOOR POLICE STATION. .................... PETITIONERS/ACCUSED 2 -4: ------------------------------------------------ 1. SHAJI, AGED 39 YEARS, S/O.KASSIM RAWTHER VADAKKETHALAKKAL, THEKKETUNDIL ADIKKATTUKULANGARA MURI, PALAMEL VILLAGE, NOORANADU. 2. SALAM, AGED 29 YEARS, S/O.SALIM, CHAMAKKALAVILAYIL, ADIKKATTUKULANGARA MURI, PALAMEL VILLAGE, NOORANADU. 3. SHAJI, AGED 38 YEARS, S/O.ABDUL KHADERM, PEEDIKAYIL HOUSE, ADIKKATTUKULANGARA MURI, PALAMEL VILLAGE, NOORANADU. BY ADV. SRI. K.SHAJ SRI.L.RAJ MOHAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4488 of 2009 ------------------------------------ Dated this the 15th 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.2 to 4 in Crime No.308/2009 of Adoor Police Station. 2. The offences alleged against the petitioners are under Sections 332 and 427 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 16/9/2009, the following order was passed: “ After having heard the counsel for the petitioners and the learned Public Prosecutor, I am of the view that an opportunity should be afforded to the petitioners to appear before the Investigating Officer. There will be a direction to the petitioners to appear before the Investigation officer on 29th and 30th September, 2009 at 9A.M. Post on 5/10/2009. B.A. No.4488/ 2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders.” 4. The learned counsel for the petitioners submitted that petitioners 1 and 2, who are accused Nos. 2 and 3 (Shaji, S/o. Kassim Rawther and Salam, S/o. Salim) have complied with the directions in the order dated 16/9/2009. It is also submitted that the 3rd petitioner, namely, Shaji, S/o. Abdul Khader did not comply with the directions. The learned counsel for the petitioners submitted that the Bail Application is not pressed in so far as it relates to the 3rd petitioner. The learned Public Prosecutor submitted that petitioners 1 and 2 have complied with the directions. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to petitioners 1 and 2. There will be a direction that in the event of the arrest of petitioners 1 and 2, 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, B.A. No.4488/ 2009 3 subject to the following conditions: A) Petitioners 1 and 2 shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays for a period of two months. B) Petitioners 1 and 2 shall appear before the investigating officer for interrogation as and when required; C) Petitioners 1 and 2 shall not try to influence the prosecution witnesses or tamper with the evidence. D) Petitioners 1 and 2 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. Accordingly, the Bail Application is dismissed in so far as it relates to the 3rd Petitioner (Accused No.4) and it is allowed, in the manner indicated above, in so far as it relates to Petitioners 1 and 2 (Accused Nos. 2 and 3). K.T. SANKARAN, JUDGE scm