IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7460 of 2009 CRIME NO.444 OF 2009 OF KUMILY POLICE STATION, IDUKKI PETITIONERS/ACCUSED --------------------------------------- 1. TOMY, CHERIVUPURATHU HOUSE, VELLARAMKUNNU P.O., KUMILY. 2. MAATHU, CHERIVUPURATHU HOUSE, VELLARAMKUNNU P.O., KUMILY. 3. JOHNY, S/O.JOSEPH, PUNNAMCHIRAYIL HOUSE, VELLARAMKUNNU P.O., KUMILY. BY ADV. SRI.P.C.CHACKO(PARATHANAM) SMT.ASHA P.KURIAKOSE RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUMILY POLICE STATION, KUMILY P.O., IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7460 OF 2009 ------------------------------------------------------ Dated this the 22nd day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.444 of 2009 of Kumily Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 427 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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. 5. 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 B.A. NO. 7460 OF 2009 :: 2 :: 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: 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; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners 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 allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/