IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6045 of 2009() -------------------------------------- CRIME NO.596/2009 OF SASTHAMCOTTA POLICE STATION, KOLLAM. PETITIONER/2ND ACCUSED: ------------------------------------------ PRAKASH, S/O.BABU PILLAI, KAILASAM, EDAVANASERRY, MYNAGAPPALLY.P.O, KOLLAM DISTRICT. BY ADV. SRI.SIJU KAMALASANAN SRI.A.MUHAMMED RAFFI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6045 of 2009 ------------------------------------ Dated this the 12th day of November, 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 accused No.2 in Crime No.596/2009 of Sasthamcotta Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 427 and 323 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. When the Bail Application came up for hearing on 30.10.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 05.11.2009 and 06.11.2009. Post on 12.11.2009. The petitioner shall produce a copy of the order before the investigating officer. B.A. No.6045 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.596/2009 of Sasthamcotta Police Station. Hand over copy to both sides.” 4. The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the directions contained in the order dated 30.10.2009. 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.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 report before the investigating officer between 9 A.M and 11 A.M. on all 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; B.A. No.6045 of 2009 3 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) 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