IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 5851 of 2011() ----------------------------- CRIME NO.693/2011 OF SASTHAMCOTTA POLICE STATION PETITIONERS ---------------- 1. AJAYAN.A., S/O.ANIL, ARUN VIHAR, MUTHUPILAKKADU, SASTHAMKOTTA VILLAGE. 2. ANIL, ARUN VIHAR, MUTHUPILAKKADU, SASTHAMKOTTA VILLAGE. 3. SINDHU, ARUN VIHAR, MUTHUPILAKKADU, SASTHAMKOTTA VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SASTHAMCOTTA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5851 of 2011 --------------------------- Dated this the 17th day of August, 2011 O R D E R The petitioners in this Bail Application are : 1) Ajayan 2) Anil and 3) Sindhu. The learned Public Prosecutor submitted that Ajayan is not an accused in this case though his name was mentioned in the F.I. Statement. On investigation, it was found that Arun Kumar, S/o.Anil is involved and he is accused No.3. The second petitioner Anil is accused No.1 and 3rd petitioner Sindhu is accused No.2. On the Submission made by the learned Public Prosecutor, the learned counsel for the petitioners submitted that the Bail Application may be considered in so far as it relates to petitioners 2 and 3. 2. The offences alleged against the accused are under Sections 452, 294(b), 341, 344 and 506(ii) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on BA 5851/2011 2 8.8.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, petitioners 2 and 3 should be directed to appear before the investigating officer. Accordingly, there will be a direction to petitioners 2 and 3 to appear before the investigating officer on 11.8.2011 and 12.8.2011. 5. Post on 17.8.2011. It is submitted by the learned Public Prosecutor that petitioners 2 and 3 will not be arrested in connection with Crime No.693 of 2011 of Sasthamcotta Police Station, till 20.8.2011. The petitioners 2 and 3 shall produce a copy of this order before the investigating officer.” BA 5851/2011 3 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 8.8.2011 has been complied with by the petitioners 2 and 3. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 8.8.2011 has been complied with by the petitioners 2 and 3, I am of the view that anticipatory bail can be granted to them. There will be a direction that in the event of arrest of the petitioners 2 and 3, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) Petitioners 2 and 3 shall appear before the investigating officer for interrogation as and when required . B) Petitioners 2 and 3 shall not try to influence the prosecution witnesses or tamper with the BA 5851/2011 4 evidence . C) Petitioners 2 and 3 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 closed as unnecessary in so far as it relates to the first petitioner and it is allowed in the manner indicated above in so far as it relates to petitioners 2 and 3. K.T.SANKARAN JUDGE csl BA 5851/2011 5