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.
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B.A. NO. 5792 OF 2009
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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
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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/