IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 6448 of 2009() ----------------------------- CRIME NO.831/2009 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/3RD ACCUSED ------------------------------------------ SRIJU, S/O.SASANKAN, VADAKKEBHAGAM, KAPPIL, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6448 of 2009 --------------------------------------------- Dated this the 27th day of January, 2010 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.831 of 2009 of Varkala Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 326, 342 and 363 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the petitioner is a person having 40% disability and that he cannot move about freely. It is also submitted that there is no material to connect the petitioner with the offence and that it may be due to a mistaken identity that the petitioner is made an accused in the offence. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Prima facie, the contention put forward by the petitioner appears to be well founded. Considering the peculiar facts and circumstances of the case, the physical condition of BA No.6448/2009 2 the petitioner and other circumstances, I am of the view that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. 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/- 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) 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