IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6256 of 2009() --------------------------------------- CRIME NO.655/2009 OF AMBALAPUZHA POLICE STATION. PETITIONERS/ACCUSED: -------------------------------------- 1. RAJESH @ RAJESH KUMAR, AGED 34 YEARS, S/O.DEVASEELAN, KIZHAKKEKUTTIYIL WARD NO.5,PURAKKAD P.O. 2. KOCHUVAVA @ ARUN KUMAR, AGED 21 YEARS, S/O.DEVASEELAN, KIZHAKKEKUTTIYIL, WARD NO.5, PALAKKAD P.O. 3. NITESH S/O. DAS, AGED 24, PUTHUVAL, PURAKKAD P.O. BY ADV. SRI.M.R.RAJENDRAN NAIR SRI.M.R.SUDHEENDRAN RESPONDENTS/ COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6256 of 2009 ------------------------------------ Dated this the 25th day of November, 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. 1 to 3 in Crime No.655/2009 of Ambalapuzha Police Station. 2. The offences alleged against the petitioners are under Sections 452, 427 and 506(i) read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 02/11/2009, 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 6th and 7th November, 2009. Post on 12/11/2009. The petitioners shall B.A. No. 6256/2009 2 produce a copy of the order before the investigation officer. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.655 of 2009 of Ambalapuzha Police Station.” 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 02/11/2009. 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 a 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 conditions: B.A. No. 6256/2009 3 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. 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 scm