IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 6308 of 201 1 CRIME NO.289 OF 2011 OF PUTHENCRUZ POLICE STATION, ERNAKULAM. PETITIONERS/ACCUSED NOS.2 AND 1: --------------------------------------- 1. ALEXANDER, AGED 26, S/O. PANEERSELVAM, PANJALI PUTHENPURAYIL, VENNIKKULAM, THIRUVANIYOOR VILLAGE. 2. JIBI, AGED 24, S/O. GOPI, KAREEKKATTIL, MAMALA, THIRUVANIYOOR. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PUTHENCRUZ POLICE STATION, (CRIME 289/2011), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6308 of 2011 ------------------------------------------------------ Dated this the 22nd day of September, 2011 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 No.2 and 1 respectively in Crime No.289 of 2011 of Puthencruz Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 283, 332 and 353 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 17.7.2011, the accused persons intercepted a KSRTC bus and attacked the conductor of the bus. 4. When the Bail Application came up for admission on 6th September, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offence, I Bail Appl. NO.6308 OF 2011 :: 2 :: am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 14th and 15th September, 2011. 6. Post on 22nd September, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.289 of 2011 of Puthencruz Police Station, Ernakulam District, till 23rd September,2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 6th September, 2011 has been complied with by the petitioners. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that Bail Appl. NO.6308 OF 2011 :: 3 :: the direction in the order dated 6th September, 2011 has been complied with by the petitioners, 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 `10,000/- (Rupees Ten thousand only) 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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/