IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5202 of 2011() ----------------------------- CRIME NO.317/2011 OF POZHIYOOR POLICE STATION PETITIONER/ACCUSED --------------------- SAJU, S/O.RAJAN, AGED 34 YEARS, KARUNAYAM PUTHEN VILA, POZHIYOOR P.O. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- Bail Appln.No.5202 of 2011 ---------------------------------------------- Dated this the 05th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.317 of 2011 of the Pozhiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 341, 294(b), 506(i) & 353 of the Indian Penal Code. 3. The prosecution case is that the petitioner abused the de facto complainant, who is a Junior Public Health Nurse in Family Welfare Centre, Kulathur and caused obstruction in discharging her duty as a public servant. The learned counsel for the petitioner submitted that even if all the allegations contained in the F.I.R. are taken as true, offence under Section 353 of the Indian Penal Code is not attracted. It is not necessary to decide that question in this bail application. 4. However, 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 Bail Appln.No.5202/2011 : 2 : granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) Before the expiry of the period mentioned above, the petitioner shall surrender before Bail Appln.No.5202/2011 : 3 : the Magistrate concerned and seek regular bail. F) 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 skj