Ajayan vs State Of Kerala on 4 August, 2011

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Kerala High Court

Ajayan vs State Of Kerala on 4 August, 2011

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5900 of 2011()


1. AJAYAN, AGED 27 YEARS,
                      ...  Petitioner
2. OMPRAKASH AGED 30 YEARS,
3. HARI, AGED 27 YEARS,

                        Vs



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

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  : No Appearance

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

 Dated :04/08/2011

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                  Bail Appl. NO. 5900 OF 2011
             ------------------------------------------------------
             Dated this the 4th day of August, 2011

                                 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.1 to 3 in Crime No.741 of 2011 of Kollam East Police Station.

2. The offences alleged against the petitioners are under Sections 294(b), 323, 341, 452 and 506(ii) read with Section 34 of the Indian Penal Code.

3. When the Bail Application came up for admission on 27th July, 2011, the following order was passed:

"4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 1st and 2nd August, 2011.

B.A. NO. 5900 OF 2011 :: 2 ::

5. Post on 4.8.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.741 of 2011 of Kollam East Police Station, till 6.8.2011."

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 27th July, 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 27th July, 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 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:

B.A. NO. 5900 OF 2011 :: 3 ::

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 ahz/

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