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Manoj vs State Of Kerala on 9 November, 2009

Kerala High Court
Manoj vs State Of Kerala on 9 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5792 of 2009()


1. MANOJ, S/O.CHACKO, AGED 37 YEARS,
                      ...  Petitioner
2. JOMON SCARIA, S/O.SCARIA,
3. SASI, S/O.KRISHNAN, AGED 57 YEARS,
4. BIJU JOHN, S/O.JOHN, AGED 40 YEARS,
5. PRINCE, S/O.KUNJUMON, AGED 26 YEARS,
6. JOY, S/O.KURIAN, AGED 45 YEARS,
7. ROBY JOHN, S/O.JOHN, AGED 37 YEARS,
8. RETHAN, S/O.BABY, AGED 42 YEARS,
9. ASHARAF, S/O.MUHAMMED, AGED 48 YEARS,
10. SUJITH, S/O.THOMAS, AGED 30 YEARS,
11. GEORGE, S/O.JOSEPH, AGED 51 YEARS,
12. REJI, S/O.SCARIA, AGED 33 YEARS,
13. BABY, S/O.THOMAS, AGED 30 YEARS,
14. ANEESH, S/O.KUNJU, AGED 26 YEARS,
15. SABU LUKOSE, S/O.LUKOSE, AGED 40 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.SUNIL CYRIAC

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/11/2009

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 5792 OF 2009
             ------------------------------------------------------
            Dated this the 9th day of November, 2009


                                O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. Petitioners are accused Nos.1 to 9,

11, 14 and 16 to 19 in Crime No.538 of 2009 of Ettumanoor Police

Station, Kottayam District.

2. The offences alleged against the petitioners are under

Sections 143 and 147 read with Section 149 of the Indian Penal

Code and Section 3(1) of PDPP Act.

3. When the Bail Application came up for hearing on

20.10.2009, 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

B.A. NO. 5792 OF 2009

:: 2 ::

before the investigating officer at 9 AM on 26th and 27th

October, 2009.

Post on 30.10.2009.

It is submitted by the learned Public Prosecutor that

the petitioners will not be arrested until further orders in

connection with Crime No.538 of 2009 of Ettumanoor

Police Station, Kottayam.”

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

20.10.2009 has been complied with by the petitioners.

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 20.10.2009 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

Rs.10,000/- each with two solvent sureties for the like amount to the

satisfaction of the officer concerned, subject to the following

conditions:

B.A. NO. 5792 OF 2009

:: 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/

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