IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 9179 of 2011 CRIME NO.932 OF 2011 OF EZHUKONE POLICE STATION, KOLLAM. PETITIONERS/ACCUSED NOS.1 TO 3: --------------------------------------- 1. MANILAL, LAL MANDIRAM, EZHUKONE, KOTTARAKARA, KOLLAM. 2. SHINE, CHARUVILA PUTHEN VEEDU, MUZHIYIL, EZHUKONE, KOTTARAKARA, KOLLAM. 3. ANU @ JABBAR, BIJU BHAVANAM, KALLUMPURAM, EZHUKONE, KOTTARAKARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9179 of 2011 ------------------------------------------------------ Dated this the 22nd day of December, 2011 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.932 of 2011 of Ezhukone Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452, 323 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20.10.2011 at 8.30 P.M., the accused persons trespassed into the building belonging to the defacto complainant and attacked the workers of the defacto complainant with dangerous weapons. 4. When the Bail Application came up for admission on 8th December, 2011, the following order was passed: Bail Appl. NO.9179 of 2011 :: 2 :: “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 14th and 15th December, 2011. 6. Post on 20th December, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.932 of 2011 of Ezhukone Police Station, Kollam, till 23.12.2011. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners that the direction in the order dated 8th December, 2011 has been complied with by the petitioners. Bail Appl. NO.9179 of 2011 :: 3 :: 6. 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 8th December, 2011 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 `10,000/- (Rupees Ten thousand only) 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 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/