IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6512 of 2009() ------------------------------------ CRIME NO. 497/2009 OF AROOR POLICE STATION ............................... APPLICANTS/ACCUSED NOS. 1 TO 3 : ----------------------------------------------------- 1. KALESH, AGED 27 YEARS, S/O. KAMALADHARAN, KALESH BHAVANAM, ERAMALLOOR P.O., ALAPPUZHA DISTRICT. 2. SHIJEEV, AGED 29 YEARS, S/O.SOMAN, SOMNIVAS, ERAMALLOOR P.O., ALAPPUZHA. 3. RAKESH, AGED 26 YEARS, S/O. RAGHAVAN, NENMELITHARA, ERAMALLOOR P.O., ALAPPUZHA. BY ADVS. SRI.PAUL MATHEW (PERUMPILLIL) SRI.PRASUN.S SRI.SANU.S.PANICKER SRI.K.T.BOSCO RESPONDENT/COMPLAINANT-STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE, AROOR POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6512 of 2009 ------------------------------------ Dated this the 19th day of November, 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 to 3 in Crime No.497/2009 of Aroor Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 427 and 452 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 09.11.2009, 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 13th November, 2009. Post on 19.11.2009. B.A. No. 6512 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.497/2009 of Aroor Police Station. The petitioners shall produce copy of this order before the investigating officer. Hand over copy of this order to both sides.” 4. The learned counsel for the petitioners and the learned Public Prosecutor submitted that the petitioners have complied with the directions contained in the order dated 09.11.2009. 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. 6512 of 2009 3 A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all 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; 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 ln