IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Bail Appl..No. 4117 of 2009 CRIME NO.342 OF 2009 OF NOORANADU POLICE STATION, ALAPPUZHA PETITIONERS : ACCUSED NOS.1 & 2: ------------------------------- 1. SOBHANAN NAIR, THOONIPATTU HOUSE, PATTOOR MURI, NOORANADU VILLAGE. 2. ROHINI, MELATTATHETHIL EDAPPURAYIL, CHERUMUGHA, IRANIKUZHY. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4117 OF 2009 ------------------------------------------------------ Dated this the 1st 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.1 and 2 in Crime No.342 of 2009 of Nooranadu Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 452, 323 and 506(ii) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 18.1.2010, the following order was passed: “The learned Public Prosecutor submitted that the petitioners have shifted from the residence to another place, as submitted by the learned counsel for the petitioners and as noticed in the order dated 26th October, 2009. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of B.A. NO. 4117 OF 2009 :: 2 :: 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 AM on 25.1.2010. The petitioners shall produce a copy of the order before the investigating officer. Post on 1.2.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.342 of 2009 of Nooranadu Police Station.” 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 18.1.2010 has been complied with by the second petitioner (second accused). The learned counsel for the petitioners submitted that the first petitioner (first accused) did not comply with the direction in the order dated 18.1.2010, since a warrant was pending against him in connection with some other case. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that B.A. NO. 4117 OF 2009 :: 3 :: the direction in the order dated 18.1.2010 has been complied with by the second petitioner (second accused), I am of the view that anticipatory bail can be granted to the second petitioner. There will be a direction that in the event of the arrest of the second petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The second petitioner shall appear before the investigating officer for interrogation as and when required; b) The second petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The second petitioner 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 dismissed in so far as it relates to the first petitioner and it is allowed in the manner indicated above in so far as it relates to the second petitioner. (K.T.SANKARAN) Judge ahz/