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. 6198 of 2011 CRIME NO.353 OF 2011 OF KONNI POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED NO.2: --------------------------------------- SREEKUMAR @ MUKUNDAN, AGED 51 YEARS, S/O.RAMACHANDRAN NAIR, MELEMANNIL HOUSE, V-KOTTAYAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, ALONG WITH BA NO. 6224 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.6198 & 6224 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.6198 of 2011 is filed by accused No.2, while B.A.No.6224 of 2011 is filed by accused No.1 in Crime No.353 of 2011 of Konni Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 447, 109 and 308 read with Section 34 of the Indian Penal Code. Accused No.1 and the de facto complainant are close relatives. 3. When the Bail Applications came up for admission on 25th August, 2011, the following order was passed: “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 Bail Appl. Nos.6198 & 6224 of 2011 :: 2 :: directed to appear before the investigating 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.353 of 2011 of Konni Police Station, Pathanamthitta District 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 25th 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 25th August, 2011 has been complied Bail Appl. Nos.6198 & 6224 of 2011 :: 3 :: 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 every Monday, 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. The Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/