IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3742 of 2009() -------------------------------------- CRIME NO. 358/2005 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/3RD ACCUSED: ------------------------------------------ SAMPATH.K.L. S/O. KRISHNAN, PAYARUMOODU HOUSE, KOOTTUKAL.P.O., BALARAMAPURAM, NEYYATTINKARA, TRIVANDRUM. NOW RESIDING AT PAVOOR VEEDU, MARUTHATHOOR, CHEYKATTUKANOM, NEYYATTINKARA, TRIVANDRUM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3742 of 2009 ------------------------------------ Dated this the 10th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 3rd accused in Crime No.358/2005 of Cantonment Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner is under Sections 452, 427, 324 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The incident occurred in 2005. The learned Public Prosecutor submitted that charge was laid in the case and the petitioner was shown as the 3rd accused. Later, the learned Magistrate ordered to conduct further investigation. It is stated that none of the accused persons were arrested earlier, before filing the final report. 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 B.A. No.3742/2009 Page numbers 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.25,000/- 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 all 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