IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7043 of 2009() ----------------------------- CRIME NO.603/2009 OF KILIKOLLOOR POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3 --------------------------------------- 1. PRATHEESH P.T., S/O.THANKAPPAN, POTTANPLACKAL HOUSE, PAZHUPATHOOR, SULTHAN BATHERI, WAYANADU DISTRICT. 2. VISHNU M.R., MADATHIVELY HOUSE, NEAR BLOCK OFFICE, SULTHAN BATHERI, WAYANADU DISTRICT. 3. VIJEESH, S/O.VISWANATHAN, VASANTHA NIVAS, VALAVAYAL P.O., SULTHAN BATHERI, WAYANADU DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, SHO, KILIKOLLOOR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7043 of 2009 --------------------------------------------- Dated this the 22nd day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.603 of 2009 of Kilikolloor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 341, 395, 427, 452 and 465 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 3.12.2009, 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 10.12.2009 and 11.12.2009. The petitioners shall produce a copy of the order before the BA No.7043/2009 2 investigating officer. Post on 17.12.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.603 of 2009 of Kilikolloor Police Station, Kollam District.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 3.12.2009 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 3.12.2009 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 officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following BA No.7043/2009 3 conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, for a period of two months; 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.7043/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.7043 of 2009 --------------------------------------------- Dated this the 3rd day of December, 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 10.12.2009 and 11.12.2009. The petitioners shall produce a copy of the order before the investigating officer. BA No.7043/2009 5 Post on 17.12.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.603 of 2009 of Kilikolloor Police Station, Kollam District. K.T.SANKARAN, JUDGE csl Hand over copy to both sides.