Johny and Kochumary vs State of Kerala

V. Ramkumar, J.—In this Petition filed u/s 438 Cr.P.C., the petitioners who are accused Nos. 2 and 3 in Crime No. 397/2010 of Mala Police Station for offences punishable under Sections 120B, 166, 464, 466 and 474 read with 34 IPC, seek anticipatory bail.

I heard the learned Counsel for the petitioners and the learned Public Prosecutor.

Having regard to the allegations levelled against the petitioners, the relative conduct of the parties, the nature of the legal injury and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of the petitioners executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions:

The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

The petitioners shall not commit any offence while on bail.

Before the expiry of the aforesaid period, the petitioners shall surrender before the Magistrate concerned and seek regular bail.

If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

This application is allowed as above.