IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Bail Appl..No. 1419 of 2009() ----------------------------- CRIME NO. 374/2008 OF KAZHAKOOTAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 2 AND 4 ----------------------------------------------- 1. THIRUMUDI JOSEPH, S/O. JOSEPH, JOHN BRITTO LANE, PALLITHURA P.O., THIRUVANANTHAPURAM. 2. ANIL ANDREWS, S/O. ANDREWS, ST.SEBASTIAN LANE, PALLITHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR DE FACTO COMPLAINANT BY RAJA VIJAYARAGHAVAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 1419 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused 2 and 4 in Crime No.374/2008 of Kazhakootam Police Station for offences punishable under Sections 143, 147, 148,149, 452, 395, 427 of Indian Penal Code and Sections 3 and 5 of Explosive Substances Act, seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: - BA 1419/09 1) Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2) Petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3) Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4) Petitioners shall not indulge in any act of destruction or vandalism with regard to the properties of Ashapura Minechem Ltd. at Menamkulam. 5) This will not absolve petitioners from their liability for the loss, if any, caused by them to the properties of Ashapura Minechem Ltd. 6) Petitioners shall not commit any offence while on bail. 7) Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V. RAMKUMAR, JUDGE. mn.