IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 796 of 2010() --------------------------------- CRIME NO. 15/2010 OF PERUMBATTY POLICE STATION, PATHANAMTHITTA .............. PETITIONERS/ACCUSED : ----------------------------- 1. JAYARAMAN.P.S., AGED 26 YEARS, S/O.SIVARAMAN.K.R., PARAYIL HOUSE, EZHUMATTOOR, P.O., EZHUMATTOOR. 2. SURJITH SOMARAJ, AGED 20 YEARS, S/O.K.SOMASEKHARAN NAIR, VADAKKEMURIYIL HOUSE, EZHUMATOOR P.O., EZHUMATOOR. 3. ARUN MOHAN, AGED 22 YEARS, S/O.O.N.MOHANAN PILLAI, MANGALOLICKAL HOUSE, EZHUMATOOR, P.O.EZHUMATOOR. 4. SURESH KUMAR.G., S/O.GOPI, AGED 27 YEARS SABARIYAMANKEL, EZHUMATOOR, P.O.EZHUMATTOOR. 5. SURESH.MO, S/O.OMANAKKUTTAN, AGED 38 YEARS, MARAVEETTIL, VAIPUR P.O., CHENGARMALA. 6. RAJEEV.V.V.,AGED 45 YEARS, S/O.VIDHYADHARAN, VELLANKAL, EZHUMATTOOR P.O., EZHUMATTOOR. 7. RENJITH.K.K., S/O.K.K.KUTTAN, KALLUPURAYIL, VALAKKUZHY P.O., EZHUMATTOOR. BY ADVS. SRI.SAJITH KUMAR V. SRI.RINOY JOSEPH RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 796 of 2010 ------------------------------------ Dated this the 1st day of March, 2010 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, 5, 1, 2, 4, 7 and 8 in Crime No.15/2010 of Perumbatty Police Station, Pathanamthitta. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 149, 506(ii), 452, 323 and 324 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 17.02.2010, 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 22.02.2010 and 23.02.2010. The petitioners shall produce copy B.A. No. 796 of 2010 2 of the order before the investigating officer. Post on 1st March, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.15/2010 of Perumbatty Police Station, Pathanamthitta District. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 17.02.2010. 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. 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.15,000/- 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 appear before the investigating officer for interrogation as and when required; B.A. No. 796 of 2010 3 B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln