IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5805 of 2011 CRIME NO.249 OF 2011 OF KELAKAM POLICE STATION, KANNUR DISTRICT PETITIONER/ACCUSED -------------------------------------- JAYESH.N.P,S/O.PURUSHOTHOMAN,29 YEARS, RESIDES AT NEDUMPARAMBIL HOUSE, KELAKAM AMSOM DESOM, KANNUR DISTRICT. BY ADV. SMT.LAILA SUNIL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KELAKAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5805 OF 2011 E ------------------------------------------------------ Dated this the 25th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.249 of 2011 of Kelakam Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 452 and 323 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. Learned Public Prosecutor also mentioned about the instructions given by the Sub Inspector of Police to him. As things stand now, the prima facie conclusion arrived by by the investigating officer is that the complaint does not appear to be a genuine one. Still investigation is being proceeded with. 4. Taking into account the facts and circumstances of the case, BAIL APPL. NO.5805 OF 2011 :: 2 :: 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 Rupees Ten thousand 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; 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/