IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7303 of 2009() ---------------------------------- CRIME NO.1211/2009 OF KALADY POLICE STATION ................... PETITIONERS/ACCUSED 1-4 : ---------------------------------- 1. BINDU DEVADAS,AGED 37 YEARS, W/O.DEVADAS, DEVENDU, KANJIRAPARAMBIL, PARAVUR VILLAGE, PARAVUTHARA MURI. 2. DEVADAS, AGED 42 YEARS, S/O.GOPALAN, KANJIRAPARAMBIL, PARAVUR VILLAGE, PARAVUTHARA MURI. 3. P.S.BABU, S/O.SUBRAMANYAN, AGED 40 YRS, THOTTAYIPPILLI HOUSE, ELOOR NORTH, UDYOGAMANDAL. 4. DEEPA.T.P, W/O.P.S.BABU, AGED 32 YEARS, THOTTAYIPPILLI HOUSE, ELOOR NORTH, UDYOGAMANDAL. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/STATE AND COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, POLICE STATION, KALADY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURTOF KERALA, ERNAKULAM, COCHIN-682031. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7303 of 2009 ------------------------------------ Dated this the 4th 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.1 to 4 in Crime No.1211/2009 of Kalady Police Station, Ernakulam. 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 15/12/2009, 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 18/12/2009. The petitioners shall produce a copy of the order before the investigating officer. B.A. No. 7303 /2009 2 Post on 21st December, 2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No. 1211 of 2009 of Kalady Police Station, Ernakulam 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 15/12/2009. 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 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: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A. No. 7303 /2009 3 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