IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 542 of 2010() ---------------------------------------- CRIME NO.710/2009 OF KUNNICODU POLICE STATION, KOLLAM. PETITIONERS/ACCUSED: ------------------------------------ 1. RAJU.M,AGED 40,S/O.MATHAI,VALIKKAL HOUSE,KOZHAMCHERI TALUK,PRAMADAM VILLAGE, ELAKALLOOR.P.O. 2. LISSY JOSE, AGED 37,W/O.JOSE, CHARUVILAKIZHAKKETHIL,NADUTHERI,PATHANAPURAM TALUK THALAVOOR VILLAGE. 3. JOSE.R,AGE 40,S/O.RAJU, CHARUVILAKIZHAKKETHIL,PATHANAPURAM TALUK, THALAVOOR VILLAGE. 4. GOPINATHAN PILLAI, AGED 57, S/O.JANARDHANAN PILLAI,PALOTT HOUSE,PIDAVOOR MURIYIL,THALAVOOR VILLAGE. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SRI.SREEVALSAN.V RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 542 of 2010 ------------------------------------ Dated this the 8th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.710 of 2009 of Kunnicodu Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 420, 463, 464, 468, 470 and 471 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 22/02/2010, the following order was passed; “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 1st and 2nd March, 2010. B.A. No. 542/ 2010 2 Post on 8/3/2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.710 of 2009 of Kunnicodu Police Station, Kollam District. The petitioners shall produce copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 22/02/2010. 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.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 542/ 2010 3 A) Petitioners 1,3 and 4 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) Petitioners shall appear before the investigating officer for interrogation as and when required; C) Petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) 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