Kerala High Court
Kannan vs State Of Kerala on 22 August, 2011
Author: K.T.Sankaran
Bench: K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933
Bail Appl..No. 6322 of 2011()
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Crime No.781 of 2011 of East Police Station, Kollam.
PETITIONER/ACCUSED:
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1. KANNAN, AGED 18, S/O.RAVEENDRAN
SREERANGATHU, ULIYAKOVIL, KOLLAM.
2. PRIYA, AGED 22, S/O.MANIYAN, CHAKKARATHOPPU,
NEAR FIRE STATION, KOLLAM
BY ADV. SRI.SUNNY ZACHARIA
RESPONDENT(S):
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STATE OF KERALA, REPRESENTED BY THE
SUB INSPECTOR OF POLICE, EAST POLICE STATION
KOLLAM, THROUGH THE LEARNED PUBLIC PROSECUTOR
HIGH COURT OF KERALA.
BY P.P.SRI.V.MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.T.SANKARAN, J.
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Bail Appln.No.6322 of 2011
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Dated this the 22nd day of August, 2011
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.781 of 2011 of East Police Station, Kollam.
2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452, 323 and 324 read with Section 149 of the Indian Penal Code.
3. When the Bail Application came up for admission on 9th August, 2011, the following order was passed:
"3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating Bail Appln.No.6322 of 2011 2 officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 16/08/2011 and 17/08/2011.
5. Post on 22/08/2011.
6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.781 of 2011 of East Police Station, Kollam, till 25/08/2011.
7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.
The petitioners shall produce a copy of this order before the investigating officer."
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 9th August, 2011 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 9th August, 2011 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 Bail Appln.No.6322 of 2011 3 officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) 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 alternate 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.
The Bail Application is allowed to the extent indicated above.
K.T.SANKARAN, JUDGE.
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