IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 7460 of 2011() ----------------------------- Crime No.941 of 2011 of Kunnicode Police Station, Kollam District. PETITIONERS/ACCUSED 1 TO 3 : --------------------------------- 1. PODIMON, ANU BHAVAN,KURA,THALAVOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. SUDHA, W/O.PODIMON, ANU BHAVAN, KURA,THALAVOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT. 3. ANNOP,S/O.PODIMON, ANU BHAVAN,KURA,THALAVOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT: RESPONDENT/COMPLAINANT AND STATE. ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE SI OF POLICE,KUNNICODE POLICE STATION, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.T.R.RAJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7460 of 2011 ---------------------------------------------- Dated this the 14th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 3 in Crime No.941 of 2011 of Kunnicode Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 452, 294(b), 323 and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 03/10/2011, the following order was passed: “3. The date of occurrence was on 20.8.2011. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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 8th and 9th October, 2011. Bail Appln.No.7460/2011 : 2 : 5. Post on 14th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.941 of 2011 of Kunnicode Police Station, till 18th October, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 03/10/2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 03/10/2011 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:- Bail Appln.No.7460/2011 : 3 : a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Mondays, for a period of two months. b) The petitioners shall appear before the investigating officer for interrogation as and when required; 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 skj