IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4296 of 2009()
1. PROF.P.D. ANTONY AGED 71,
... Petitioner
2. THRESSIAMMA KORA, AGED 57,
3. T.M. JOSEPH, AGED 52, S/O. MANI,
4. P.M.THOMAS, AGED 56, S/O. MATHAI,
5. LUKOSE JOSEPH, AGED 65 YEARS,
6. JOSEPH THOMAS PANACKAL, AGED 60 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY SUB
... Respondent
For Petitioner :SRI.ABRAHAM VAKKANAL (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/11/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 4296 of 2009
------------------------------------
Dated this the 12th 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. The petitioners are accused
Nos. 2, 5, 6 7, 8 and 4 in Crime No. 266/2009 of Kanjirappally
Police Station.
2. The offences alleged against the petitioners are under
Sections 409 and 420 read with Section 34 of the Indian Penal
Code.
3. When the Bail Application came up for hearing on
01.10.2009, 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 before the investigating
officer at 9 A.M. on 12.10.2009 and 13.10.2009.
Post on 16.10.2009.
B.A. No. 4296 of 2009 2
It is submitted by the learned Public
Prosecutor that the petitioners will not be
arrested until further orders in connection
with Crime No.266/2009 of Kanjirappally
Police Station.
Hand over copy to both sides.”
4. The learned counsel for the petitioners and the learned
Public Prosecutor submitted that the petitioners have complied
with the directions contained in the order dated 01.10.2009.
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. 4296 of 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
ln