IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4818 of 2009()
1. TOMY JOSEPH, KOLLAMPARAMBIL,
... Petitioner
2. JOHNEY JOSEPH, KOLLAMPARAMBIL,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSEPCTOR OF POLICE, ERATTUPETTA.
For Petitioner :SRI.SHAJI THOMAS PORKKATTIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4818 of 2009
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Dated this the 26th day of August, 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.3 and 4 in Crime No.259 of 2009 of Erattupetta
Police Station.
2. The offences alleged against the accused are under
Sections 15(c) of the Abkari Act and Sections 224, 225 and 353
of the Indian Penal Code.
3. The prosecution case is that the first accused, who is a
toddy tapper, was selling toddy to accused Nos.2, 3 and 4 in a
public place. On seeing the police party, the first accused ran
away. Accused Nos.2, 3 and 4 were taken to custody by the
police. But, pushing the police persons away, they escaped from
the police jeep.
4. Accused No.1 was granted anticipatory bail by the
Sessions Court, Kottayam, as per the order dated 18th July 2009
in Crl.M.P.No.1553 of 2009. As per the order dated 3-8-2009,
BA 4818/09 2
anticipatory bail was granted by this Court in favour of the 2nd
accused.
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.
6. 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 report before the
investigating officer between 9 A.M. and 11
A.M. on all Mondays, till the final report is filed
or until further orders;
b) The petitioners shall appear before the
investigating officer for interrogation as and
when required;
c) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence;
d) The petitioners shall not commit any offence or
indulge in any prejudicial activity while on bail;
e) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.
BA 4818/09 3
The Bail Application is allowed to the extent
indicated above.
K.T.SANKARAN,
JUDGE
mn