IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1578 of 2010 CRIME NO.173 OF 2010 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS: ACCUSED: -------------------- 1. JAYARAJ, THENKARAKONAM, BHAGAVATHY NADA PO, VENGANOOR VILLAGE THIRUVANANTHAPURAM DISTRICT. 2. VALSALA T.K, W/O.JAYARAJ THENKARAKONAM, G.V.COTTAGE, BHAGAVATHY NADA PO,VENGANOOR VILLAGE THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.MOHANAN(THIRUPURAM) RESPONDENT: STATE: --------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM CRIME NO.173 OF 2010 OF BALARAMAPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1578 OF 2010 ------------------------------------------------------ Dated this the 31st 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.1 and 2 in Crime No.173 of 2010 of Balaramapuram Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 19.3.2010, 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 first petitioner to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer at 9 AM on 24.3.2010. B.A. NO. 1578 OF 2010 :: 2 :: The first petitioner shall produce a copy of the order before the investigating officer. Post on 31.3.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.173 of 2010 of Balaramapuram Police Station.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 19.3.2010 has been complied with by the first petitioner. 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 19.3.2010 has been complied with by the first petitioner, 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: B.A. NO. 1578 OF 2010 :: 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 ahz/