IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 173 of 2010 CRIME NO.4 OF 2010 OF EDAKKAD POLICE STATION, KANNUR DISTRICT PETITIONERS/ACCUSED 2 TO 5 ---------------------------------------------- 1. P.P.RAVEENDRAN, 'DWARAKA', NEAR E.S.I. HOSPITAL THOTTADA, KANNUR. 2. SUSHAMA.O.R., WIFE OF P.P.RAVEENDRAN, 'DWARAKA', NEAR E.S.I.HOSPITAL, THOTTADA, KANNUR. 3. SIMMY REEJAY, WIFE OF REEJAY, GEETHANJALI CLASSIC, 9TH CROSS, KAGDASSAPURA, C.V.RAMAN NAGAR, BANGALORE. 4. RAVEENDRAN, 'ARATHI', YOGASALA ROAD, KANNUR. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PRPSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 173 OF 2010 ------------------------------------------------------ Dated this the 15th day of February, 2010 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.2 to 5 in Crime No.4 of 2010 of Edakkad Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 498A, 323, 315, 294(b) and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3.2.2010, 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 first petitioner to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer at 9 AM on 8th and 9th February, 2010. B.A. NO.173 OF 2010 :: 2 :: Post on 15.2.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.4 of 2010 of Edakkad Police Station, Kannur. The first petitioner 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 direction in the order dated 3.2.2010 has been complied with by the first petitioner. 5. 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 3.2.2010 has been complied with by the first petitioner, 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/- with two solvent sureties for the like amount to the B.A. NO.173 OF 2010 :: 3 :: satisfaction of the officer concerned, subject to the following conditions: a) 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/