IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 5973 of 2011() ----------------------------- Crime No.1702 of 2011 of Karunagapplly Police Station, Kollam District PETITIONERS/ ACCUSED 1,2,4 AND 5 --------------------------------------- 1. UDAYAKUMAR @ UNNI, S/O. VASUDEVAN, KALEEKAL PADDETTATHIL, KALLELIBHAGOM VILLAGE, KALLELIBHAGOM.P.O, KOLLAM - 690 546. 2. RAMESAN, S/O. SANKARANKUTTY, RAHULBHAVAN, KALLELIBHAGOM VILLAGE, KALLELIBHAGOM.P.O, KOLLAM - 690 546. 3. SHIBU, S/O. BABU, KUTTIPURATHU HOUSE, KALLELIBHAGOM VILLAGE, EDAKKULANGARA.P.O, KOLLAM - 691 562. 4. THILAKAN, S/O. VASUDEVAN, VIJAYABHAVAN, KALLELIBHAGOM VILLAGE, MUZHANGODI MURI, KALLELIBHAGOM.P.O, KOLLAM - 690 546. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, KOLLAM - 690 518. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5973 of 2011 ---------------------------------------------- Dated this the 26th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 5 in Crime No.1702 of 2011 of Karunagapplly Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for admission on 17th August, 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 offences, 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.5973 of 2011 2 officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 20/08/2011 and 21/08/2011. 5. Post on 25/08/2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1702 of 2011 of Karunagappally Police Station, till 27/08/2011. 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 17th 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 17th 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.5973 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 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. cms