IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4472 of 2009 CRIME NO.507 OF 2008 OF KUNNAMANGALAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.T.ABDUL GAFOOR,S/O.K.T.HAMZA HAJI, KANAYANKODE HOUSE,KUNNAMANGALAM P.O. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE -------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4472 OF 2009 ------------------------------------------------------ Dated this the 13th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.507 of 2008 of Kunnamangalam Police Station. 2. The offence alleged against the petitioner is under Section 136(c) of the Electricity Act. 3. I have gone through the case diary. The allegation is that without the permission of the Board the electricity meter was shifted. It is also alleged that a new building was constructed by the petitioner and a hotel is being run there without the permission of the Panchayat. Learned counsel for the petitioner pointed out that the petitioner purchased the property in the year 2000 and at that time there was electricity connection to the existing building. According to the petitioner, the building was only renovated and that there was no change in the electricity connection. There are disputes between the petitioner and the Panchayat and the Kerala State Electricity Board. W.P.(C) No.33154 of 2008 was filed by the petitioner when electricity B.A. NO. 4472 OF 2009 :: 2 :: connection was disconnected. In the light of Annexure D order dated 18.12.2008 in W.P.(C) No.33154 of 2008, it is submitted that a new electricity connection was given to the premises of the petitioner. 4. For the purpose of disposal of this application for anticipatory bail, it is not necessary to consider the contentions on the merits. Any such consideration would cause prejudice either to the prosecution or to the accused. 5. 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 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 on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 4472 OF 2009 :: 3 :: c) The petitioner 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 ahz/