IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2400 of 2009() ----------------------------- CRIME NO.266/2009 OF KOLLAM EAST POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ AJI,S/O.SEBASTIAN, THIRUVODATHU VADAKKETHIL, ULIYAKOVIL P.O.,ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE,KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.2400 of 2009 ------------------------------ Dated this the 5th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.266 of 2009 of Kollam East Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 324, 452 and 509 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The learned counsel for the petitioner pointed out that another accused by name Anilkumar was granted anticipatory bail by the learned Sessions Judge, Kollam, as per the order dated 27th May 2009 in Crl.M.P.No.1353 of 2009. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 for a period of one month on his executing bond for BA No.2400 /2009 2 Rs.25,000/- 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 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; 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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