IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 7059 of 2009 CRIME NO.487 OF 2009 OF KILIKOLLOOR POLICE STATION, KOLLAM PETITIONER/ACCUSED NOS.1 AND 3 -------------------------------------------------- 1. STANSILAVOSE, AGED 51 YEARS,KALLUVILA VEEDU,MANGADU P.O., KANDACHIRA,KOLLAM DISTRICT. 2. SHYLAN JOHN, MARIA BHAVAN,MAGANDU P.O.,KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION,KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7059 OF 2009 ------------------------------------------------------ Dated this the 15th day of January, 2010 O R D E R When the Bail Application came up for hearing on 5.1.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 3 in Crime No. 487/2009 of Kilikolloor Police Station. 2. The offences alleged against the petitioners are under Sections 341, 294(b), 323, 324 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 25.09.2009. It is alleged that three persons including the de facto complainant sustained injuries as a result of the attack made by the accused persons. 4. The learned counsel for the petitioners submits that in respect of the incident on 25.09.2009, another crime was registered as Crime No. 486/2009, in which B.A. NO.7059 OF 2009 :: 2 :: the first petitioner is the defacto complainant. It is also submitted that he sustained serious injuries including fracture. The learned counsel also pointed out that even before and after the incident on 25.09.2009, the first petitioner was attacked by several persons including the defacto complainant in the present case. It is also pointed out that the wife of the second accused/second petitioner had to approach this court in W.P. C. No. 30893/2009 for police protection for the life of herself and her family members. The counsel also submits that there are civil disputes pending between the parties. 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 11th and 12th January, 2010. Post on 15.01.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.487/2009 of Kilikolloor Police Station. B.A. NO.7059 OF 2009 :: 3 :: The petitioners shall produce copy of this order before the investigating officer.” 2. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 5.1.2010 has been complied with by the petitioners. 3. 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 5.1.2010 has been complied with by the petitioners, 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: 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.A. NO.7059 OF 2009 :: 4 :: 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 ahz/