IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5941 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4280/2011 (CRIME NO.383 OF 2011 OF VARAPUZHA POLICE STATION) .................... PETITIONER/ACCUSED -------------------------------------- FELBEY, AGED 32 YEARS, S/O.FELIX, NADUVILA PARAMBIL, CHERANALOOR (3RD ACCUSED). BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, VARAPUZHA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 5941 OF 2011 --------------------------------- Dated this the 5th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.383 of 2011 of Varapuzha Police Station. 2. The offences alleged against the petitioner are under Sections 323 and 326 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 27th July, 2011, the following order was passed: “3. The learned Public Prosecutor submitted that the de facto complainant sustained multiple lacerated injuries and her tooth was broken. At the same time the grievous hurt is not attributable to any overt act on the part of the petitioner/3rd accused. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that B.A.No. 5941 OF 2011 2 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 02/08/2011 and 03/08/2011. 5. Post on 05/08/2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.383 of 2011 of Varapuzha Police Station, till 09/08/2011. The petitioner shall produce a copy of this order before the investigating officer.” 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 27th 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 27th 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 B.A.No. 5941 OF 2011 3 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 report before the investigating officer between 9 A.M and 11 A.M on every Monday, 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. cms