IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2734 of 2009() ----------------------------- CRIME NO.148/09 OF ARAECODE POLICE STATION PETITIONER/ACCUSED -------------------------------------- SIVARAJAN @ RAJAN, S/O.GOPALAN, MELEDATHIL HOUSE, EDAVANNAPPARA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2734 of 2009 ----------------------------------------- Dated this the 26th May, 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 accused in Crime No. 148/09 of Areacode Police Station. 2. The offence alleged against the petitioner is under Section 392 of the Indian Penal Code. 3. The prosecution case is that the accused, who is running a barber shop nearby a toddy shop, committed robbery of an amount between Rs.4,000/- and Rs.5,000/- from the toddy shop after threatening the salesman of the toddy shop with a broken bottle. The wound certificate is not made available. Even from the report submitted by the police, it is clear that there were disputes on earlier occasions also between the de facto complainant and the accused. Learned counsel for petitioner pointed out that there was dispute regarding the quality of the toddy and this led to a case being foisted against the petitioner. BA.2734/09 2 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 in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month 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 AM and 11 AM 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. BA.2734/09 3 E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.