IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8960 of 2011() ----------------------------- CRIME NO.418/2011 OF CHALISSERY POLICE STATION PETITIONERS(S): ACCUSED 1 TO 5 --------------------------------------- 1. KAMARUDHEEN , 36 YEARS, S/O.MUHAMMED, ARAKKAL VEEDU, RAHMATH NAGAR, BEACH VADANAPPILLY PO, THRISSUR DISTRICT. 2. HUSSAIN, 40 YEARS, S/O MUHAMMED, ARAKKAL VEEDU, RAHMATH NAGAR, BEACH VADANAPPILLY PO, THRISSUR DISTRICT. 3. SHEHARBAN, 48 YEARS D/O.MUHAMMED, ARAKKAL VEEDU, RAHMATH NAGAR, BEACH VADANAPPILLY PO, THRISSUR DISTRICT. 4. MUMTAZ, 28 YEARS, D/O.MUHAMMED, ARAKKAL VEEDU, RAHMATH NAGAR, BEACH VADANAPPILLY PO, THRISSUR DISTRICT. 5. SUBAIDA, 38 YEARS, D/O.MUHAMMED, ARAKKAL VEEDU, RAHMATH NAGAR, BEACH VADANAPPILLY PO, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8960 of 2011 --------------------------- Dated this the 25th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 5 in Crime No.418 of 2011 of Chalissery Police Station. 2. The offences alleged against the petitioners are under Sections 448, 323 and 498A read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 15.11.2011, the following order was passed : “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before BA 8960/11 2 considering the question of granting anticipatory bail, petitioners 1 and 2 should be directed to appear before the investigating officer. Accordingly, there will be a direction to petitioners 1 and 2 to appear before the investigating officer on 20th and 21st of November, 2011. 5. Post on 25.11.2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.418 of 2011 of Chalissery Police Station, till 28.11.2011. 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 BA 8960/11 3 direction in the order dated 25.11.2011 has been complied with by petitioners 1 and 2. 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 25.11.2011 has been complied with by petitioners 1 and 2, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of 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 first accused 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 accused shall appear before the investigating officer for interrogation as and when required ; BA 8960/11 4 C) The accused shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The accused 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