IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 6571 of 2009() ---------------------------------------- CRIME NO.1278/2009 OF KOLLAM EAST POLICE STATION .......... PETITIONER (S):IST ACCUSED ------------------------- BOBAN, S/O.VIJAYAN, VARUVAYAL COMPOUND, PATTATHANAM, VADAKKEVILA VILLAGE. BY ADV.MR.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 6571 of 2009 ------------------------------------ Dated this the 15th day of January, 2010 O R D E R When the Bail Application came up for hearing on 07.01.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1278/2009 of Kollam East Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 341, 323 and 326 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that on the date on which the incidents alleged to have occurred in Crime No.1278/2009, another incident occurred, in which the first petitioner is the de facto complainant. It is submitted that crime was registered as Crime No. 1277/2009 against the de facto complainant in the present case and another for the offences under Sections 323 and 308 read with Section B.A. No. 6571 of 2009 2 34 of the Indian Penal Code. 4. The learned Public Prosecutor submitted that in Crime No.1278/2009, in which the petitioner is the first accused, the wound certificate would show that the de facto complainant had sustained fracture of nasal bone and fracture of mandible bone. The learned Public Prosecutor also submitted that in Crime No.1277/2009, in which the petitioner herein is the de facto complainant, the wound certificate would disclose that the petitioner had sustained five incised wounds. 5. Taking into account the peculiar facts and circumstances of the case, 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 11th and 12th January, 2010. Post on 15/01/2010. 6.It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 1278 of 2009 of Kollam East B.A. No. 6571 of 2009 3 Police Station. The petitioner shall produce copy of this order before the investigating officer. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 07.01.2010. 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 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. 6571 of 2009 4 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