Anticipatory bail eligibility hinges on compliance with prior court orders and the seriousness of crimes charged.

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.10 and 11 in Crime No.870/2009 of Cheranalloor Police Station, Ernakulam District.

2. The offences alleged against the petitioners are under Sections 366 A, 372, 373, 342, 376, 212 and 120 B of the Indian Penal Code.

3. When the Bail Application came up for hearing on

23.12.2009, 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 29th and 30th December, 2009.

Post on 06.01.2010.

It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.870/2009 of Cheranalloor Police Station, Ernakulam.

The petitioners shall produce copy of this order before the investigating officer.

Hand over copy to both sides.”

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 23.12.2009 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 23.12.2009 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 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 appear before the investigating officer for interrogation as and when required;

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