IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1851 of 2010 CRIME NO.549 OF 2009 OF SASTHAMCOTTA POLICE STATION, KOLLAM. PETITIONER/ACCUSED -------------------------------------- RAJEEVAN, AGED 28 YEARS, S/O. RAVEENDRAN, REJI VILASOM, KOTHAPURAM MURI,WEST KALLADA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1851 OF 2010 ------------------------------------------------------ Dated this the 31st day of March, 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.549 of 2009 of Sasthamcotta Police Station, Kollam District. 2. The offence alleged against the accused is under Section 3 (1) of the PDPP Act. 3. The prosecution case is that on 22.8.2009, the police party came to the place of occurrence in a police jeep while on patrol duty. The jeep was parked in front of a bricks factory belonging to accused No.1. When the police party returned to the place by about 7.25 PM., they found three persons near the jeep. On seeing the police, one person was found withdrawing his hands underneath the bonnet of the police jeep. Three persons ran away. When the jeep was started, smoke came out. On inspection, it was found that damage B.A. NO. 1851 OF 2010 :: 2 :: was caused to the electrical fittings of the jeep, resulting in a loss of Rs.2,500/- to the Government. 4. As per the order dated 25.11.2009 in B.A.No.5060 of 2009, anticipatory bail was granted to accused No.1 on certain conditions, which includes a condition that accused No.1 should deposit a sum of Rs.2,500/- towards the loss sustained by the Government. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the fact that anticipatory bail was granted to accused No.1, I am inclined to grant anticipatory bail to the petitioner. 6. 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 each 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; B.A. NO. 1851 OF 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 ahz/