IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4268 of 2009 CRIME NO.243 OF 2009 OF KANNUR TOWN POLICE STATION PETITIONERS: ACCUSED: 1. BABINESH, S/O.BALAN, AGED 19, R/O.KIZHAKKEY VALAPPIL VELIKKETH HOUSE, NEAR PALAKKAD SWAMI MADOM, KANNUR – 2. 2. SHIBU.K.S., S/O.RAVEENDRAN, AGED 21, R/O.ULLATHU VAYAL, THALLIKKAVU, KANNUR. 3. JAYESH.K.S., S/O.MOHANAN, AGED 20 R/O.UAHAS NIVAS, THAVARAKATH VAYAL HOUSE, NEAR CHEHOLI, KANNUR. 4. BIGHESH, S/O.SURESH, AGED 20 R/O.VRINDHAVAN HOUSE, PALLIKUNNU, KANNUR. BY ADV. SRI.VIJU ABRAHAM RESPONDENT: COMPLAINANT: STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4268 OF 2009 ------------------------------------------------------ Dated this the 20th 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, 6, 7 and 8 in Crime No.243 of 2009 of Kannur Town Police Station. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. I have gone through the case diary. It is submitted by the learned counsel for the petitioners that the petitioners are students. 4. 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 4268 OF 2009 :: 2 :: 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 ahz/