IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4884 of 2009()
1. SMT.SUNANDA, AGED 54 YEARS,
... Petitioner
2. MS.SHARON, AGED 21 YEARS,
3. SRI.T.S.ARJUNAN, AGED 50 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.MURALEEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/09/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 4884 of 2009
------------------------------------
Dated this the 14th day of September, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are the
accused persons in Crime No.333/2009 of Kovalam Police
Station.
2. The offences alleged against the petitioners are under
Sections 323, 324, 342, 354, 366 A and 372 read with Section
34 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
26.08.2009, the following order was passed:
” Heard the learned counsel for the
petitioners as well as the learned Public
Prosecutor.
It is submitted by the learned counsel
for the petitioners that the petitioners are
prepared to appear before the investigating
officer on any day fixed by this court.
Accordingly, there will be a direction that the
petitioners shall appear before the
investigating officer on 28.08.2009 and
29.08.2009 at 9 A.M.
B.A. No. 4884 of 2009 2
Post on 09.09.2009.
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested till then.”
4. It is submitted by the learned Public Prosecutor that in
compliance with the order dated 26.08.2009, the petitioners
appeared before the Investigating Officer and their statements
were recorded.
5. In the facts and circumstances mentioned above, 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.
25,000/- 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) The petitioners shall not try to influence the
prosecution witnesses or tamper with theB.A. No. 4884 of 2009 3
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
ln