IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 47 of 2010() -------------------------------------- CRIME NO.349/2009 OF ENATHU POLICE STATION. ...................... PETITIONERS/ACCUSED 2 TO 4 ---------------------------------------------- 1. JALEEL, AGED 21, BUSINESS, S/O.IBRAHIMKUTTY MUKALUVILAYIL HOUSE, MEMANNADIKKARA, WARD NO.VIII, KADAMBANAD VILLAGE, ADOOR TALUK. PATHANAMTHITTA DISTRICT. 2. JAFER, AGED 24, ALUMINIUM FABRICATION, S/O.JAMAL, MANAPPALLY THEKKETHIL, MEMANNADIKKARA, WARD NO.VIII, KADAMBANAD VILLAGE, ADOOR TALUK. PATHANAMTHITTA DISTRICT. 3. RATHEESH, AGED 21, ALUMINIUM FABRICATION, S/O.NARAYANAN, PADINJAREKKARA THENGUMTHUNDIL, WARD NO.VII, ENATHU VILLAGE, ADOOR TALUK. PATHANAMTHITTA DISTRICT. BY ADV. MR.PHILIP M.VARUGHESE, MR.V. AJITH KUMAR. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, ENATHU POLICE STATION. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 47 of 2010 ----------------------------- Dated this the 20th day of January, 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. 2 to 4 in Crime No.349/2009 of Enathu Police Station, Pathanamthitta. 2. The offences alleged against the petitioners are under Sections 452, 294(b), 506(ii), 341 and 427 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 13/01/2010, 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 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 B.A. No. 47 /2010 2 16/01/2010. The petitioners shall produce a copy of the order before the investigating officer. Post on 20/01/2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No. 349 of 2009 of Enathu Police Station, Pathanamthitta District.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 13/01/2010. 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 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. 47 /2010 3 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 scm