IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 4940 of 2009 CRIME NO.277 OF 2009 OF PALLIKKATHODU POLICE STATION PETITIONERS: ACCUSED: ------------------------------ 1. GEORGE P.MANUEL S/O.MANUEL, AGED 26 PANTHALATTIL HOUSE, ARUVIKUZHY PO, ANICKADU VILLAGE 2. JOMET KURAIN, S/O.KURIAN, AGED 26 YEARS KOCHUKAROTTU HOUSE, MANALUNKAL PO ANICKADU VADAKKUM BHAGOM, AKALAKUNNAM VILLAGE. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.GEORGE MECHERIL SRI.C.R.SIVAKUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PALLIKKATHODU, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4940 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 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.277 of 2009 of Pallikkathodu Police Station, Kottayam District. 2. The offence alleged against the petitioners is under Section 377 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 16.9.2009, the following order was passed: “After having heard the learned Senior Counsel for the petitioners and also the learned Public Prosecutor, I am of the view that the petitioners should be given an opportunity to appear before the investigating officer on 24th and 25th September, 2009 at 9 AM. Post on 30.9.2009. It is submitted by the learned Public Prosecutor B.A. NO. 4940 OF 2009 :: 2 :: that the petitioners will not be arrested until further orders in connection with Crime No.277 of 2009 of Pallikkathodu Police Station.” 4. Learned counsel for the petitioners submitted that the order dated 16.9.2009 was complied with by the petitioners. Learned Public Prosecutor submitted that the petitioners appeared before the investigating officer as directed by this Court. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the subsequent developments, 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) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 4940 OF 2009 :: 3 :: 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 ahz/