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. 6570 of 2011() ----------------------------- CRIME NO.1050 OF ATTINGAL POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. SURESH, S/O. THANKAPPAN, NJARAVILAVEEDU, KOLLORKONAM, PATTALA, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. MAHESH, S/O. KOCHUNNI, DO. DO. 3. UNNI @ BIPIN, S/O. MOHANAN, PANAYIL VEEDU, PATTALA, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6570 OF 2011 --------------------------------- Dated this the 2nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 3 and 1 respectively in Crime No.1050 of 2011 of Attingal Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 323, 354 and 452 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 24th August, 2011, the following order was passed: “3. The date of occurrence was on 12.7.2011 at 6 P.M. The defacto complainant and the petitioners are neighbours. 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 B.A.No.6570 OF 2011 2 officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 28th and 29th 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.1050 of 2011 of Attingal 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.” 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 24th August, 2011 has been complied with by the petitioners. 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 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 B.A.No.6570 OF 2011 3 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 Monday for 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. f) The petitioners shall cooperate with the investigating officer in the matter of investigation. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms