IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 5667 of 2011 CRIME NO.919 OF 2011 OF ANGAMALY POLICE STATION, ERNAKULAM. PETITIONER: ACCUSED NO.2: -------------------- ANOOP VARGHESE, AGED 25 YEARS, S/O.VARGHESE, PAROKKARAN HOUSE, ATTARA KARA, MOOKKANNUR.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.SUNILKUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5667 OF 2011 C ------------------------------------------------------ Dated this the 29th day of July, 2011 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.919 of 2011 of Angamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 452 and 324 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 20th July, 2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 25th and 26th July, 2011. B.A. NO. 5667 OF 2011 :: 2 :: 5. Post on 29th July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.919 of 2011 of Angamaly Police Station, till 1.8.2011.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 20th July, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 20th July, 2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO. 5667 OF 2011 :: 3 :: 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 ahz/