IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1514 of 2010() ----------------------------- CRIME NO.257/2010 OF VAIKOM POLICE STATION PETITIONER : ACCUSED ------------------------------ JOMON JOSEPH, S/O.LATE K.V.JOSEPH, AGED 37 YEARS KAREEMADATHIL HOUSE,VADAYAR VILLAGE VAIKOM TALUK, THALAYOLAPARAMBU. BY ADV. SRI.T.I.DANIEL SMT.K.DEEPA (PAYYANUR) RESPONDENT(S): --------------- 1. THE ADDITIONAL SUB INSPECTOR OF POLICE VAIKOM POLICE STATION, VAIKOM. 2. THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1514 of 2010 --------------------------------------------- Dated this the 30th day of March, 2010 O R D E R When the Bail Application came up for hearing on 15th March, 2010, the following order was passed: “The petitioner apprehends arrest in Crime No.257 of 2010 of Vaikom Police Station. The offences alleged against the accused are under Sections 341, 294(b) and 427 read with Section 34 of the Indian Penal Code and Section 3(1) of the PDPP Act. 2. The learned Public Prosecutor submitted that as of now the petitioner is not made an accused in the case. The investigation is being proceeded with. There is no intention to arrest the petitioner as he is only a suspect now. 3. The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the Police and co-operate with the investigation. It is also submitted that the petitioner is innocent. He is not involved in the offence. If the petitioner is given an opportunity to appear before the investigating officer, he would be able to prove his innocence, submits the learned counsel for the petitioner. BA No.1514/2010 2 4. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 22nd March, 2010. The petitioner shall produce a copy of the order before the investigating officer. 5. Post on 26th March, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.257 of 2010 of Vaikom Police Station, Kottayam District.” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 15.3.2010 has been complied with by the petitioner. 3. 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 15.3.2010 has been complied with by the petitioner, 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 BA No.1514/2010 3 release him on bail on his executing bond for Rs.15,000/- 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; 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 csl