IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 5428 of 2009 CRIME NO.269 OF 2009 OF CHIRAYINKIL POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED NO.1 ------------------------------------------- SANKAR @ PRADEESH, AGED 23 YEARS, S/O.DHARMASEELAN, MELEVIAL VEEDU, PURAVOOR, KUZHIVILAM, CHIRAYINKIL. BY ADV. SRI.LIJU. M.P RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHIRAYINKIL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, ALONG WITH BA NO. 5438 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5428 & 5438 OF 2009 ------------------------------------------------------ Dated this the 26th day of October, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner in B.A.No.5428 of 2009 is the first accused and the petitioner in B.A.No.5438 of 2009 is the fifth accused in Crime No.269 of 2009 of Chirayinkil Police Station, Thiruvananthapuram. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 149, 341, 323, 506(ii) and 294 (b) of the Indian Penal Code and Section 27 of the Arms Act. 3. When these Bail Applications came up for hearing on 7.10.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Applications, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, B.A. NO. 5428 & 5438 OF 2009 :: 2 :: there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 15th and 16th October, 2009. Post on 20.10.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.269 of 2009 of Chirayinkil Police Station, Thiruvananthapuram.” 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 7.10.2009 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 7.10.2009 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 Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 5428 & 5438 OF 2009 :: 3 :: 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. The Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/