IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 54 of 2010 CRIME NO.898 OF 2009 OF MANJERI POLICE STATION, MALAPPURAM PETITIONER/1ST ACCUSED: ------------------------------------------- T.MOHAMMED ASHRAF, S/O.KUNHIMOIDEEN, MANJERI AMSOM,KIZHAKKETHALA P.O., MANJERI, ERNAD TALUK. BY ADV. SRI.T.V.GEORGE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.54 of 2010 --------------------------------------------- Dated this the 29th day of January, 2010 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.898 of 2009 of Manjeri Police Station. 2. The offences alleged against the petitioner are under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act. 3. When the Bail Application came up for hearing on 18.1.2010, 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 23.1.2010 and 24.1.2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 28.1.2010. BA No.54/2010 2 It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.898 of 2009 of Manjeri Police Station.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 18.1.2010 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 18.1.2010 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 Rs.15,000/- 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 alternate Mondays, till the final report is filed or until further orders; BA No.54/2010 3 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 BA No.54/2010 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.54 of 2010 -------------------------------------------- Dated this the 18th day of January, 2010 ORDER 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 23.1.2010 and 24.1.2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 28.1.2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.898 of 2009 of Manjeri Police Station. K.T.SANKARAN, JUDGE csl BA No.54/2010 5 Hand over copy to both sides. BA No.54/2010 6 K.T.SANKARAN, JUDGE csl