IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 5419 of 2009() -------------------------------------------- (CRIME NO.136/CR/09 OF CBCID, JAWAHAR NAGAR,TRIVANDRUM) ..... PETITIONER(S): 1ST ACCUSED: ------------------------------------------------- SURESH S 'RADHA BHAVAN' CHAGAYILKONAM, PULIYOORKONAM PO,TRIVANDRUM PIN;695 604. BY ADV. MR.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE,CBCID, JAWAHAR NAGAR, TRIVANDRUM DISTRICT,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5419 of 2009 ------------------------------------ Dated this the 24th day of February, 2010 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.136/CR/2009 of CBCID, Jawahar Nagar, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 120B, 406, 409, 420, 465, 468 and 471 of the Indian Penal Code . 3. When the Bail Application came up for hearing on 10/02/2010, the following order was passed; “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 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 17th and 18th February, 2010. The B.A. No. 5419 / 2009 2 petitioner shall produce a copy of the order before the investigating officer. Post on 24th February, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.136/CR/09 of CBCID, Jawahar Nagar, Thiruvananthapuram.” 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 10/02/2010. 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: B.A. No. 5419 / 2009 3 A) The petitioner shall appear 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; 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 scm