IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7083 of 2011() ----------------------------------- CRIME NO.1622/2011 OF ERNAKULAM TOWN NORTH POLICE STATION ...................... PETITIONER : ------------------- RAVEENDRAN.C.S, AGED 46 YEARS, S/O.SREEDHARAN, CHUMAYANKARA HOUSE, AROOR.P.O, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.E.K.NANDAKUMAR SRI.P.GOPINATH RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI-31. 2. STATION HOUSE OFFICER, TOWN POLICE STATION, ERNAKULAM NORTH, REPRESENTED BY PUBLIC PROSECUTOR OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI-31. BY PUBLIC PROSECUTOR, SRI.V. MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7083 OF 2011 --------------------------------- Dated this the 26th day of September , 2011 ORDER 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.1622 of 2011 of Ernakulam Town North Police Station. 2. The offences alleged against the petitioner are under Sections 427 and 454 read with 34 of the Indian Penal Code. 3. The allegation is that accused No.2 and the defacto complainant entered into an agreement for construction of a house for the defacto complainant. House was constructed. There are some disputes with regard to the payments. The allegation is that the accused persons broke open the door and took away the materials which belonged to the accused. 4. The learned counsel for the petitioner submitted that B.A.No.7083 OF 2011 2 as contractor, the petitioner has a right to enter into the work site. The materials allegedly taken belonged to the petitioner and therefore, no offence is made out. 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 on his executing bond for Rs.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) 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) The petitioner shall cooperate with the B.A.No.7083 OF 2011 3 investigating officer in the matter of investigation. 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. cms