IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6543 of 2011 CRIME NO.204 OF 2011 OF KOLLENGODE POLICE STATION, PALAKKAD APPLICANT/ACCUSED NO.5 ------------------------------------------ K.K. ANIL,AGED 21 YEARS, S/O. LATE CHANDRAN,KAVALAMKOE, VADAVANNUR,PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I OF POLICE, KOLLENGODE POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, ALONG WITH BA NO. 6778 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.6543 & 6778 of 2011 ------------------------------------------------------ Dated this the 2nd day of September, 2011 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. B.A.No.6543 of 2011 is filed by accused No.5 and B.A.No.6778 of 2011 is filed by accused Nos.2 to 4 in Crime No.204 of 2011 of Kollengode Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 5 and 27 of the Arms Act. 3. The prosecution case is the following: On 18.7.2011 at 7 PM., the car in which the accused persons were travelling, hit against an electric post. When the police came to the spot, the accused persons ran away. However, the first accused was apprehended. Two swords were seized from the car. 4. When the Bail Applications came up for admission on 24th August, 2011, the following order was passed: Bail Appl. Nos.6543 &6778 of 2011 :: 2 :: “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 27th and 28th August, 2011. 5. Post on 2nd September, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.204 of 2011 of Kollengode Police Station, till 5th September, 2011. 7. 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 as well as the learned Public Prosecutor that the direction in the order dated 24th August, 2011 has been complied with by the petitioners. Bail Appl. Nos.6543 &6778 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 24th August, 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; 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. Bail Appl. Nos.6543 &6778 of 2011 :: 4 :: The Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/