IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Bail Appl..No. 7940 of 2010() ---------------------------------------- ( CRIME NO. 740/2009 OF VARKKALA POLICE STATION, THIRUVANANTHAPURAM DIST) ---------------------- PETITIONER/ACCUSED NO.5 AND 6 --------------------------------------------------- 1. R.MANOJ, AGED 26 YEARS, S/O.RADHAKRISHNAN, KALLUVILAVEEDU, NEAR A.M.L.P.SCHOOL, KOVOOR DESOM, CHEMMARUTHI VILLAGE, VARKKALA, KOLLAM. 2. R.VIJOJ, AGED 24 YEARS, S/O.RADHAKRISHNAN, KALLUVILAVEEDU, NEAR A.M.L.P.SCHOOL, KOVOOR DESOM, CHEMMARUTHI VILLAGE, VARKKALA, KOLLAM. BY ADVS. SRI.C.KHALID SRI. T.P. SAJID RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SUB INSPECTOR OF POLICE, VARKKALA-695 141. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. .................................................................... B.A. No. 7940 of 2010 ...................................................................... Dated this the 9th day of December, 2010. O R D E R In this Petition filed under Sec. 438 Cr.P.C., petitioners who are accused Nos. 5 and 6 in Crime No.740 of 2009 of Varkkala Police Station for offences punishable under Sections 143, 147, 146, 149, 323, 324, 308 and 447 I.P.C. seek anticipatory bail. 2. The learned Public Prosecutor, on instructions, submitted that after the conclusion of investigation a final report has already been filed before the trial Court. If so, it is not desirable to grant anticipatory bail to the petitioners since they cannot be directed to appear before the Investigating Officer after the conclusion of investigation and after the matter is in the seizin of the Court . The appropriate order in such circumstances can only be one to direct the petitioners to surrender before the court below and seek regular bail. Accordingly, the petitioners are directed to surrender before the court below and apply for regular bail within two weeks from today. In case the petitioners comply with the above direction, Bail A.No. 7940/2010 -:2:- the trial Court shall, preferably on the same date on which the application is filed, release the petitioners on bail on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the court below, and subject to the following conditions:- 1. Petitioners shall report before the Chief Ministerial Officer of the court below, between 10 a.m. and 12 noon on all Wednesdays. 2. Petitioners shall appear before the court below on all the dates of posting of the above case. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. Dated, this the 9th day of December, 2010. V.RAMKUMAR, JUDGE. rv