IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 5417 of 2009() ----------------------------- CRIME NO.363/09 OF MANNAR POLICE STATION PETITIONERS (S): ACCUSED NO.4 TO 6. -------------------------------------- 1. SREEKUMAR, S/O.SUKUMARAN, NEDUMCHALIL PUTHEN VEEDU, ENNAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 2. MANIKKUTTAN, S/O.CHANDRAN, LEKHA BHAVAN, (LEKSHAM VEEDU COLONY), ENNAKKAD P.O.,ALAPPUZHA DISTRICT. 3. DUSHYANTHAN, S/O.DASAN, LEKSHAM VEEDU COLONY,ENNAKKAD P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT. --------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5417 of 2009 --------------------------------------------- Dated this the 13th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4 to 6 in Crime No.363 of 2009 of Mannar Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308 and 452 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3.11.2009, 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 Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 7.11.2009 and 8.11.2009. Post on 13.11.2009. The petitioners shall BA No.5417/2009 2 produce a copy of the order before the investigating officer. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.363 of 2009 of Mannar Police Station.” 4. The learned counsel for the petitioners and the learned Public Prosecutor submitted that the petitioners have complied with the direction contained in the order dated 3.11.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence, and other circumstances, 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: BA No.5417/2009 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 Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl BA No.5417/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.5417 of 2009 --------------------------------------------- Dated this the 3rd day of November, 2009 ORDER 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 Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 7.11.2009 and 8.11.2009. Post on 13.11.2009. The petitioners shall produce a copy of the order before the investigating officer. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.363 of 2009 of Mannar Police Station. BA No.5417/2009 5 K.T.SANKARAN, JUDGE csl Hand over copy to both sides.