IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 4249 of 2009() ----------------------------- CRIME NO.490/2009 OF ADIMALI POLICE STATION PETITIONER : ACCUSED ------------------------------ JAYAS.K.J,KALAPPURACKAL HOUSE,20 ACRE KARA,BAISON VALLEY,DEVIKULAM TALUK. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE,ADIMALI. PUBLIC PROSECUTOR SRI.TEKCHAND SRI.S.SREEKUMAR FOR ADDL.R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4249 of 2009 --------------------------------------------- Dated this the 21st day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.490 of 2009 of Adimali Police Station. 2. The offences alleged against the petitioner are under Sections 464, 465, 468 and 471 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the dispute between the petitioner on the one hand and the landlords of the building on the other were settled. The petition before the police was filed by one of the landlords and accordingly, the Crime No.490 of 2009 was registered against the petitioner. 4. It is submitted that a “deed of agreement” was executed between the parties concerned on 31st August 2009. 5. In view of the settlement arrived at between the parties and also 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 BA No.4249/2009 2 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.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall produce a copy of the agreement before the investigating officer; b) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 csl