IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4818 of 2009() ----------------------------- CRMP.1553/2009 of DISTRICT COURT, KOTTAYAM .................... (CRIME NO.259/2009 OF ERATTUPETTA POLICE STATION,KOTTAYAM DISTRICT) PETITIONERS/ACCUSED NO.3 & 4: ---------------------------------------------------- 1. TOMY JOSEPH, KOLLAMPARAMBIL, VELLIKULAM. 2. JOHNEY JOSEPH, KOLLAMPARAMBIL, VELLIKULAM. BY ADVS. MR.SHAJI THOMAS PORKKATTIL, MR.BINU PAUL, MR.T.V.VINU. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSEPCTOR OF POLICE, ERATTUPETTA. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------------------- B.A.No.4818 of 2009 --------------------------------------------- Dated this the 26th day of August, 2009 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.3 and 4 in Crime No.259 of 2009 of Erattupetta Police Station. 2. The offences alleged against the accused are under Sections 15(c) of the Abkari Act and Sections 224, 225 and 353 of the Indian Penal Code. 3. The prosecution case is that the first accused, who is a toddy tapper, was selling toddy to accused Nos.2, 3 and 4 in a public place. On seeing the police party, the first accused ran away. Accused Nos.2, 3 and 4 were taken to custody by the police. But, pushing the police persons away, they escaped from the police jeep. 4. Accused No.1 was granted anticipatory bail by the Sessions Court, Kottayam, as per the order dated 18th July 2009 in Crl.M.P.No.1553 of 2009. As per the order dated 3-8-2009, BA 4818/09 2 anticipatory bail was granted by this Court in favour of the 2nd accused. 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. 6. 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.25,000/- 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 all 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. BA 4818/09 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE mn