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. 5458 of 2009() ------------------------------------- CRIME NO. 417/2009 OF TALIPARAMBA POLICE STATION .................... PETITIONER/2ND ACCUSED: ------------------------------------------ P.P.VENUGOPALAN, S/O.KUNJIRAMAN, AGED 60 YEARS, PUTHIYAPURAYIL HOUSE, ANTHOOR AMSOM, P.O.PARASSINIKADAVU, TALIPARAMBA TALUK. BY ADV. SRI.B.PREMNATH (E) RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY S.H.O., TALIPARAMBA POLICE STATION, (REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY SRI. SIVAKUMAR K.S. 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. 5458 of 2009 ------------------------------------ Dated this the 12th day of November, 2009 O R D E R When the Bail Application came up for hearing on 29.10.2009, 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.2 in Crime No. 417/2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Section 292 of the Indian Penal Code and Section 7 (1) and 7-B of the Cinematograph Act. 3. The date of occurrence was on 12.07.2009. The petitioner is implicated in the case on the ground that he is the owner of the theatre in which the obscene film was exhibited. 4. The petitioner has produced along with Crl. M. A. No. 5979/2009, a true copy of the agreement dated 24.03.2009 executed between him and one Unnikrishnan. According to the petitioner, the theatre was leased to Unnikrishnan for a period of 11 months from 01.04.2009, as per the agreement. 5. 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 B.A. No. 5458 of 2009 2 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 4th and 5th November, 2009. Post on 12.11.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 417/2009 of Taliparamba Police Station. Hand over copy of this order 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 29.10.2009. 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: B.A. No. 5458 of 2009 3 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 ln